Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

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TWENTIETH CONGRESS
First Regular Session

House Bill No._368

Introduced by Representative Richard I. Gomez, DPA

EXPLANATORY NOTE

National security is one of the most crucial aspects of governing a nation, most
especially now with looming, widespread global unrest, particularly in the West Philippine
Sea. At the most fundamental level, a country’s survival and prosperity rests largely on its
ability to preserve sovereignty, peace and order. It is also, therefore, crucial that the laws,
policies, procedures and regulations that define how our country attains and maintains
national security, be reflective of the overall mandate of the people, the Filipino people.

The 1987 Constitution is the supreme law of the land, and as such, must precede all
other laws, policies and regulations in the country. However, the existing National Defense
Act of 1935, which emanated from the 1935 Constitution, does not fully capture the
national security and defense mandates of the 1987 Constitution. Nevertheless, 38 years
thereafter, the Philippine Government is still operating under the 1935 National Defense
Act. Itis, therefore, high time that an updated National Defense Act be enacted that reflects
the present mandate and integrates economic, social, cultural and political dimensions into
the overall defense program.

To fill the gaps of the National Defense Act of 1935, numerous statutes and
ministerial orders were issued to facilitate the reorganization of the Philippine Armed
Forces. Laws were also enacted to change and update personnel management within the
Philippine Armed Forces.

This bill seeks to create a comprehensive national defense legislation to ensure
accountability and integrity in the exercise of national security discretion, to achieve


efficiency and effectiveness for its members and organizations in the performance of their
duties.

This bill mirrors the one filed by Representative Rozzano Rufino B. Biazon during
the 18" Congress.

The 1935 National Defense Act was visionary in its time—but national security
today demands a law that reflects contemporary threats, leverages modern technology, and
supports a self-reliant, responsive, and professional armed force. A new defense act is not
just a legal update—it’s a foundation for the country’s sovereignty, survival, and strategic
future.

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

~
RICHARD L. GQMEZ/DPA

~™~


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No, __ 368

Introduced by Representative Richard I. Gomez, DPA

AN ACT
PROVIDING FOR A NATIONAL DEFENSE ACT, TO FOSTER THE
SUPPRESSION OF INSURGENCY AND OTHER SERIOUS THREATS TO
NATIONAL SECURITY, AND FOR OTHER PURPOSES

PRELIMINARY PROVISIONS

Section 1. Short Title. - This Act shall be known as "The National Defense Act of
2025.”

SEC. 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 right to self-
determination;

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

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 for that mobilization measures are prepared at all times;

b)

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e) The employment of the nation's citizens and resources for national defense shall
be effected via 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 to when pul
safety so requires as well as during its transition to normalcy or rehabilitation;

g) The mobilization plans 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 concemed in
accordance with the following general policies:

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

2. Forces and resources shall be employed 3 as to ensure unity and continuity
of effort until normalcy has been attained, and

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

SEC. 3. Defense Conditions and Authority.— Defense conditions shall be the bases
for the designation of persons and entities to act on 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. The hierarchy of defense conditions and the
persons or entities designated to act on behalf of the state shall be prescribed by the
President.

ARTICLE I - EMPLOYMENT OF PERSONS AND RESOURCES

SEC. 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.

SEC. 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.

SEC. 6. During 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.

ARTICLE I- NATIONAL DEFENSE COUNCIL

4


SEC. 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 shall have a permanent staff
that 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 rights 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.

TITLEI
DEPARTMENT OF NATIONAL DEFENSE
Article I - General Provisions

SEC. 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.

SEC. 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 national defense policies, strategies, plans and

programs;

b) Formulate, develop and update the national defense plan of the country,

including the mobilization plan for the employment of the country's citizens

and resources 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

(AFP), Government Arsenal (GA), Office of Civil Defense (OCD),

Philippine Veterans Affairs Office (PAO) and the National Defense

University of the Philippines (NDUP);

©) Formulate, establish, implement, supervise and control quality management
system;

f) Establish, promote and maintain bilateral and multilateral linkages for

defense and military cooperation with its international counterparts for the

purpose of addressing traditional and non-traditional security threats;

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g) 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-reliant defense posture to guarantee the enhancement of

responsive and progressive capabilities and maximum utilization of

resources;

i) Develop a responsive Armed Forces capable of addressing various threats
to national security, including cyber and information warfare; and

j) Perform such other defense-related functions as may be provided by law or
directed by the President of the Philippines.

h)

SEC. 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.

SEC. 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, and 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.

(d) 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.

SEC. 12. Special Defense Materiel Acquisition. - When the acquisition for use by
the AFP involves special defense equipment or materiel or the Secretary of National
Defense has determined that the interests of the country shall be protected by negotiating
directly with a local or foreign supplier, the AFP shall be excmpted from the requirement
of government procurement laws subject to government accounting and auditing rules and
regulations: Provided, That the performance by the supplier of its obligations under the
procurement contract shall be covered by performance security.

SEC. 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.

SEC. 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 case of
donations from foreign governments or persons, acceptance thereof shall be subject to
existing laws, rules and regulations.

SEC. 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 not limited to the
exchange of information, exchange of visits, exchange of personnel, subject matter expert
exchange, logistics 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.

Article Il - Organization

SEC. 16. Organizational Structure. - The Defense Department shall be composed
of the DND-Proper and its bureaus namely, the Armed Forces of the Philippines (AFP),
Philippine Veterans Affairs Office (PAO), Government Arscnal (GA), National Defense
University of the Philippines (NDUP), Office of Civil Defense (OCD), and other
instrumentalities under the supervision and control of the Secretary of National Defense,
as provided for by law.

SEC. 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 of Services.

SEC. 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.

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

SEC. 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
1


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 I - THE ARMED FORCES OF THE PHILIPPINES
Article I - General Provisions
SEC. 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;

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

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

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 of suffrage.

b)

©)

d

SEC. 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) Force for national defense and security; and

©) Plan, organize, train, equip, develop, employ, and sustain its Regular and
ReservePerform such other functions as may be provided by law or assigned by the
Commander-in-Chief.

SEC. 23. Chain of Command. - The exercise of authority, direction, command, and
control over the AFP shall be carried out through the Chain of Command, which is the line
of authority and responsibility 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 Philippines (CSAFP) down to the commander of the
lowest echelon of command in the AFP: Provided, That this does not preclude the President
from issuing orders directly to the AFP.

SEC. 24, Organization and Composition. - The AFP shall be initially composed of

three (3) component services- the Philippine Army, the Philippine Air Force, and the

Philippine Navy. These services shall form the Citizens Armed Force composed of the

Regular Force and Reserve Force guided by the Table of Organization and Equipment of
8


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

Article II - The Regular Force

A. ORGANIZATION AND COMPOSITION

Chapter I - General Provisions

SEC. 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 tour for training; and

©) 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.

SEC. 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.

SEC. 27. Organizational Structure. - The Regular Force of the AFP shall consist
of the Joint Headquarters; the Joint Force Operational and Functional Commands; the
Component Services namely: the Philippine Army, the Philippine Navy and the Philippine
Air Force; and other existing units, component services, commands, and task forces of the
AFP. The Secretary of National Defense upon the recommendation of the CSAFP may, in
accordance with the policies or directives of the President, create additional units, services,
commands and task forces, or reorganize the AFP in response to any situation or in
pursuance of operational or contingency plans.

SEC. 28. Operational Principles. - The operational principles of the AFP shall be
as follows:

a) The Commander-in-Chief shall exercise command and 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;
The Joint Headquarters AFP shall exercise centralized command and
control to ensure unity and coordination of efforts throughout the military
establishment;

The Joint Force Operational Commands, as force employers, shall be
responsible for the decentralized execution of joint operations to achieve

9

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maximum operational efficiency within the military establishment unless
otherwise determined by the CSAFP through the supervision of the
Secretary of National Defense;

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

The AFP Reserve Force shall provide for the base of expansion of the
Component Services.

d

e)

Chapter 2 - The Joint Staff Headquarters Armed Forces of the Philippines

SEC. 29. Mandate. - The Joint Staff Headquarters, which shall be headed by the
CSAFP, shall be the command-and-control element of the AFP.

SEC. 30. Organization. - The Joint Staff Headquarters shall be composed of the
Office of the Chief of Staff of the Armed Forces of the Philippines, the Office of the Vice
Chief of Staff, the 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.

SEC. 31. 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/Vice Admiral in the active service, who shall hold the rank of General/ Admiral.

(6) CSAFP shall serve a minimum tour of duty of two (2) years and a maximum of
three (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 the three (3)
years and deemed retired from active military service.

SEC. 32. Powers 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 energy;

©) Be responsible for the development of the policies, strategies, missions,

plans, and programs of the AFP; and

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.

d)


SEC. 33. 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 one (1) year and a
maximum of three (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 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 term of three (3)
years and deemed retired from active military service.

SEC. 34. 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 the decision-making process through completed staff work.

The Deputy Chief of Staff shall serve for a minimum term of one (1) year and a
maximum of three (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 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
three (3) years and deemed retired from active military service.

SEC. 35. 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.

SEC. 36. 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.

SEC. 37. 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.

SEC. 38. 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

n


b) Abolish existing staff, offices, and units in the Joint Staff Headquarters not
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.

Chapter 3 - Joint Force Operational Commands

SEC. 39. Organization, Mission, and Function. - (a) The Joint Force Operational
Commands (JFOC) 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.

SEC. 40. 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 Commander of the JFOC, as force employer, shall have
operational control over all units operating within their respective joint area of operation.

(c) The Joint Force Commanders of the JFOC shall serve for a minimum term of
two (2) years and a maximum of three (3) years unless othcrwise 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 of that officer
haas less than two (2) years remaining in active service: Provided further, That Joint Force
Commanders maybe removed by the President, as Commander in Chief, at any time before
the end of the term of three (3) years and deemed retired from active military service.

Chapter 4 - The Component Services

SEC. 41. 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 two
(2) years and maximum of three (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 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 three (3) years and deemed retired from active military service.
12


(©) 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.

SEC. 42. 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.

SEC. 43. 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;

4) 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.

SEC. 44, 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 sustainment units, and such
other units as may be necessary for the conduct of air and support operations.

SEC. 45. 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;

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

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

c


SEC. 46. 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.

SEC. 47. 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;

Formulate and develop, in coordination with the other Component Services,

doctrines, systems, tactics, techniques, and procedures peculiar to the Navy;

4) Implement mobilization of the Navy Reserve; and

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

©)

SEC. 48. 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.

SEC 49. The Women's Auxiliary Corps. - The Women's Auxiliary Corps as created
by Republic Act No. 3835, as amended, shall be integrated to their respective Component
Service. For this purpose, RA No. 3835 is hereby repealed. Further, the number of female
personnel in the AFP, notwithstanding provision of relevant laws, shall be prescribed by
the Secretary of National Defense.

Chapter 5 - Military Education and Training Institutions

SEC. 50. 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 SuperintendenCommandant.

(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.


SEC. 51. The Philippine Military Academy. —

(a) Mandate. — The Philippine Military Academy, categorized as a 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 shalll 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
Corps Armed Forces of the Philippines (CCAFP) and shall have such strength, as the
Secretary of National Defense shall determine, upon the recommendation of the CSAFP.

(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
satisfactorily complete the approved course of study.

(8) The Superintendent shall serve for a minimum term of two (2) years and a
maximum of three (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 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 three (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
Board of Visitors shall be composed of at least five (5) but not more than seven (7) members
designated by the Superintendent, whose membership shall meet at least once a year.

SEC. 52. 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 academies and institutions
in the AFP.

B. RECRUITMENT, PROMOTION, AND CAREER DEVELOPMENT

Chapter 1 - Commissioned Officers

15


SEC. 53. 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 such other
qualifications as may be prescribed by the Secretary of National Defense.

SEC. 54. 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 of a commissioned
officer in active service in the Regular Force shall be the date of permanent appointment in
that grade by the President.

SEC. 55. 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 a such commission or who lacks any of the
qualifications prescribed by law or regulation.

SEC. 56. 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.

SEC. 57. 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.

SEC. 58. Tour of Duty in Key Positions. - No officers with less than one (1) year
remaining in active service shall be designated to positions requiring the rank of Brigadier
General/Commodore or higher.

SEC. 59. 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.
16


SEC. 60. 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 (TO&E) that requires the rank for which he is being considered for promotion
or assignment.

SEC. 61. 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:

ColoneV/Captain eight (8) years
Brigadier General/Commodore four (4) years
Major General/Rear Admiral three (3) years
Lieutenant General/Vice Admiral three (3) years
General/Admiral three (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.

SEC. 62. 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.

Chapter 2- Warrant Officers

SEC. 63. 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.

SEC. 64. Appointments in the Regular Force. - Warrant Officers shall be
appointed by the Secretary of National Defense.


SEC. 65. 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.

SEC. 66. 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.

Chapter 3-Enlisted Personnel

SEC. 67. 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 emergencies, or entered into
during its continuation shall remain in force until six (6) months after its
termination unless sooner terminated by the President;

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.

b)

SEC. 68. 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.

SEC. 69. 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.

SEC. 70. Authority to Promote and Demote. - The authority to promote and demote
Enlisted Personnel shall be prescribed by the CSAFP.

C. RETIREMENT AND SEPARATION


SEC. 71. 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.

SEC. 72. Recall from Retirement. - An Officer, Warrant Officer or Enlisted
Personnel who retired from 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.

SEC. 73. Retirement and Separation Benefits. — Congress shall allocate funds for
retirement and separation benefits according to existing laws, rules, and regulations.

SEC. 74. 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 by the CSAFP.

SEC. 75, 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 their Filipino citizenship shall no longer be entitled to receive survivorship
benefits.

D. ADMINISTRATION OF MILITARY JUSTICE SYSTEM

SEC. 76. 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 a 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.

E. LEGAL ASSISTANCE

SEC. 77. Extension of Legal Assistance. - All military personnel charged with
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 the
conclusion of the case.


Reasonable allocation can be charged against the fund of component service to
support such case.

ARTICLE Ill - THE RESERVE FORCE
Chapter 1 - GENERAL PROVISIONS

SEC. 78. 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 of mandatory military
service.

SEC. 79. Purpose. - The purpose of the Reserve Force is to provide the base for the
expansion of the AFP in the event of a disaster, internal disorder, and invasion;

SEC. 80. 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 of the President. The Table of Organization and
Equipment of the Reserve Force shalll be prescribed by the Secretary of National Defense
upon recommendation of the CSAFP.

Chapter 2- Composition of the Reserve Force

SEC. 81. 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.

SEC. 82. 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.

SEC. 83. 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.

TITLE It
OTHER BUREAUS AND AGENCIES UNDER THE DEPARTMENT
ARTICLE I - GENERAL PROVISIONS

20


SEC. 84. 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.

SEC. 85. 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:

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

2. 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

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

SEC. 86. 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 separation pay and other benefits
in accordance with existing laws, rules, or regulations.

ARTICLE I
THE GOVERNMENT ARSENAL

SEC. 87. 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

SEC. 88. 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;

Design, conduct research, develop, manufacture, procure, repair, stockpile
and allocate weapons, munitions, and other defense materiel subject to
existing laws and regulatory requirement;

»b

21


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;
and

©) Establish, secure and operate government defense manufacturing plants, as
necessary, in strategic locations within the country.

SEC. 89. 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.

SEC. 90. Modernization of the Government 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.

ARTICLE Ik
NATIONAL DEFENSE UNIVERSITY OF THE PHILIPPINES

SEC. 91. Transformation 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 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.

SEC. 92. 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

22


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.

SEC. 93. 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 in
defense and security; and

c) Undertake policy research and special studies, as well as policy formulation
on strategic defense and security issues.

SEC. 94, 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 Univer
the following functio

shall have an Academic Board to assist the President discharge

1. Supervise the academic affairs of the University;

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

3. 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

23


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, instructors, 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.

( 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.

SEC. 95. 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).

SEC. 96. 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.

ARTICLE IV
OFFICE OF CIVIL DEFENSE

SEC. 97. 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.

SEC. 98. 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;

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;

24

1)


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;

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;

¢) Prepare and disseminate disaster control manuals and other publications
related to measures on disaster prevention and mitigation, preparedness,
response and rehabilitation, and recovery;

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;

Provide assistance and secretariat services to the National Disaster Risk

Reduction and Management Council (NDRRMC) to implement the policies

set by the latter relative to disaster management;

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.

d)

8)

h)

SEC. 99. 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.

ARTICLE V
PHILIPPINE VETERANS AFFAIRS OFFICE

SEC. 100. 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.

SEC. 101. Powers and Functions. - The Office shall have the following powers
and functions:
25


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;

©) 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

e) Perform such other functions as may be provided by law.

SEC. 102. 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

SEC. 103. Implementing Rules and Regulations. - The DND shall formulate the
Implementing Rules and Regulations (IRR) for proper implementation of this Act within
twelve (12) months from the effectivity hereof. The said rules and regulations shall be
approved by the President of the Philippines.

SEC. 104. 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
shall be included in the annual General Appropriations Act.

SEC. 105. Separability Clause. - If any part or provision of this Act is held invalid
or unconstitutional, other provisions not affected thereby shall remain in force and effect.

SEC. 106. Repealing Clause. - All laws, Executive Orders, Presidential Decrees,
rules, and regulations inconsistent herewith are deemed modified and repealed accordingly.
All affected provisions of existing laws are deemed effective until such promulgation of
the IRR.

SEC. 107. Effectivity. - This Act shall take effect fifteen (15) days upon its
complete publication in the Official Gazette or in at least two (2) newspapers of general
circulation, whichever comes first.

Approved,

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