He SE GF KER
REPUBLIC OF THE PHILIPPINES [RE CESVED
HOUSE OF REPRESENTATIVES

03 AUG 2016

Quezon City, Metro Manila Da

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SEVENTEENTH CONGRES:
First Regular Session

TION UNIT

RECISTEY
2399 BILLS AND INDEX SERVICE

House Bill No,

Introduced by Kabataan Party-list Representative Sarah Jane I. Elago

EXPLANATORY NOTE

The objective of this bill is to abolish the Reserve Officers Training Corps
(ROTC) in universities and colleges, both public and private, while at the same
time provide more engaging social and civic service programs that will uplift the
Filipino students’ sense of nationalism and duty under the National Service
‘Training Program (NSTP).

From Mandatory ROTC to NSTP

The ROTC was established pursuant to RA 7077 for the purpose of
providing a strong civilian base for the expansion of the Armed Forces of the
Philippines (AFP) in the event of war, invasion and rebellion. The program made
it compulsory for male students in colleges and universities to undergo two (2)
years of military training

Years after its implementation, ROTC was proven irrelevant in fostering
discipline, social responsibility, and patriotism in the youth. It became a hotbed
for abuses including corruption, bribery, extortion, collection of unauthorized
and excessive fees, and physical and verbal violence. It became nothing but a
burden to students.

In 2001, the brutal murder of Universily of Santo Tomas student Mark
Welson Chua became a catalyst for a broad movement to abolish the ROTC
program in schools. Chua's death was linked to his exposition of the corruption
in the UST Corps. The clamor to remove the ROTC program in tertiary schools
resulted in the creation of the NSTP by virtue of Republic Act 9163 promulgated
on 23 January 2002, The NSTP offered civilian programs for men and women
alongside ROTC which in turn was made optional.

The public clamor to totally abolish thc ROTC grew anew amidst new
reports of hazing and violence. Last July 14, 2016, several ROTC cadets were
reportedly involved in a hazing incident at the University of Mindanao-Tagum.
In a viral video circulating on social media, several students were seen being

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NTATIVES:



physically abused — one student was continually hit hard on the chest, while
another was hit in the stomach — by their seniors in the Corps. It is believed
that the incident is part of the initiation rites of new cadets. The university is
said to be currently investigating the matter.

Later developments have revealed the Duterte administration's attempt to
reinstate mandatory ROTC, to supposedly instill “love of country and good
citizenship.” The proposal, however, is bereft of the historical opposition of the
youth and student sector against ROTC. As such, Kabataan Party-list forwards
the opposite and seeks to completely remove ROTC from the NSTP.

Military must keep out of campuses

ROTC aims to provide military training to students for national defense
under the tutelage of the Department of National Defense and taught by
soldiers. Mandatory ROTC advocates cite the impasse in the West Philippine
Sea as justification for the program's reinstatement in colleges and universities
While the Philippine Constitution asserts that the people are duty-bound to
defend the State, providing military training, institutional or material support,
should not be the responsibility of civilian educational institutions, Using
campuses for military training and, for some campuses the provision of a
barracks, is inconsistent with Rules 22-24 of the International Humanitarian
Law and other treaties which restrict the use of schools for military purposes. It
is also inconsistent with Republic Act 7610 or the Special Protection of Children
Against Abuse, Exploitation and Discrimination Act which states “public
infrastructure such as schools, hospitals, and rural health units shall not be
utilized for military purposes such as command posts, barracks, detachments,
and supply depots.”

‘The military culture propagated by the ROTC is inconsistent with
academic freedom. Schools are places for opening minds to new ideas, critical
and independent thinking. The school is a venue for interaction among people
of different background, status, beliefs, and the exchange of ideas. Military
training imposes strict obedience to authority and hierarchy; it prescribes that
critical thinking must be subordinate to the chain of command. Allowing
military training within the campus imposes the military worldview in
institutions where students are required to be intellectually engaged and
politically diverse.

The ROTC fosters a militarist culture detrimental to the development of
the youth. It perpetrates corruption and political patronage, sexism and
machismo, the culture of violence and human rights violation, and ideological
bigotry.

Students experience their first exposure to corrupt practices under the
ROTC where physical comforts and passing grades are given in exchange for
cash and other favors (i.e. bottles of alcohol, reams of cigarettes, car rides ete.)



Under the mandatory ROTC, reports of physical and psychological abuse
had been far too common. Officers humiliate, brutalize, and even maim cadets
in the guise of ‘training’ is nothing short of the violation of basic human rights.
These violent practices are deeply ingrained and identified with the ROTC and
the military that up until now, it is still justifiable to fear for the welfare of
present and future ROTC students.

Likewise, the Armed Forces of the Philippines (AFP) uses the ROTC
program as an extension of their counter-insurgency campaign through its red-
baiting campaign against progressive student groups. In many ROTC lectures,
soldier-instructors tagged student activist groups as affiliated with the New
People's Army, thereby justifying state-sanctioned acts of terror against
dissenters. It has also been reported that AFP uses the program to establish the
Student Intelligence Network (SIN) to monitor organizations, fraternities,
student councils and school publications critical of government policies. It has
been documented that ROTC Cadets were required to draw up a list of students
involved in political activities and create dossiers that may include contact
details, class schedules, and home addresses. This creates an atmosphere of
fear among students to participate in legitimate activities that are critical of the
government. It is worth noting that there are many documented cases of human
rights violations perpetrated against student leaders that have been linked to
the military.

The ROTC is a bastion of machismo and sexism in campuses.
Homophobic slurs and physical abuse to ‘induce manliness’ are common in
training sessions. Up until now, there are reports that openly gay students
enrolled in ROTC are deliberately being ostracized by being given menial tasks
such as serving snacks or cheering for other cadets. Some conservative sections
of society even promote mandatory ROTC as a “cure for being gay.”

Advocates of the ROTC equate the bearing of arms and marching under
the heat and being shouted at to nationalism, patriotism, and discipline. This
imposition of unnecessary and arguably undeserved reverence for the military
culture is disturbing and potentially dangerous, especially in institutions of
learning where the civilian rule is supreme.

Internationally, military conscription and ROTC are associated with
military allies of the United States of America. Ironically, ROTC is not required
in school and campuses in the US and have been shunned by many leading
American colleges and universities including Ivy League schools due to the
broad anti-war and anti-violence stance of educational institutions.

The Need for Greater Youth Participation in Socio-Civic Affairs

What we need as a nation today is not an army of young men and women
trained in the ways of the military but an army of volunteers and advocates
ready to serve and uphold the needs of their communities and the nation as a
whole, In the present state of affairs, the youth needs to defend the nation first

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and foremost from threats of illiteracy, political and social apathy, and the
perpetuation of social inequities that continue to obstruct genuine national
progress.

There is indeed a need for educational institutions to fulfill their
constitutional mandate to “inculcate patriotism and nationalism, foster love of
humanity, respect for human rights, appreciation of the role of national heroes
in the historical development of the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual values, develop moral character
and personal discipline, encourage critical and creative thinking, broaden
scientific and technological knowledge, and promote vocational efficiency,” as
stated in Article XIV Section 3(2) of the 1987 Constitution.

In this light, Congress must mandate colleges and universities to have
programs that raise the students’ socio-political consciousness, and enable
them to actively participate in the urgent task of understanding and addressing
the basic ills of society. This bill also seeks to provide a wide array of programs
under NSTP which enable students to render services in a more varied manner
and increase the potential of students of finding their lifetime advocacy in the
process. In providing more avenues for civic service, the government can truly
foster among the youth patriotism, nationalism and selfless service to others as
enshrined in the Constitution.

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

HON. JANE I. ELAGO
Represéntative, Kabataan Party-list


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

2399

House Bill No.

Introduced by Kabataan Party-list Representative Sarah Jane I, Elago

AN ACT

ABOLISHING THE RESERVE OFFICERS TRAINING CORPS AND ESTABLISHING
ADDITIONAL SOCIAL AND CIVIC SERVICE PROGRAMS AVAILABLE TO STUDENTS
BY AMENDING REPUBLIC ACT 9163 OR THE NATIONAL SERVICE TRAINING
PROGRAM (NSTP) ACT OF 2001

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

SECTION 1. Short Title. - ‘This act shall be known as the “ROTC Abolition Act of
2016."

SECTION 2. Abolition of the Reserve Officers Training Corps (ROTC), ~ The Reserve
Officers Training Corps created pursuant to Republic Act No. 7077 is hereby abolished.

SECTION 3, Section 2 of Republic Act No, 9163 is hereby amended to read as
follow:

"Section 2. Declaration of Policy. - [Recognizing the youth’s virtual role in nation
building, then state shall promote civic consciousness among the youth and shall

develop their physical moral, spiritual intellectual and social well-being,]

It shall inculcate to the youth patriotism, nationalism and advance their
involvement in public and civic affairs. In pursuit of this goal the youth, the most
valuable resource of the national shall motivate trained organized and mobilized in

military training, literacy civic welfare and other similar endeavors in the service of

the nation."

SECTION 4. Section 3 of Republic Act No. 9163 is hereby amended to read as
follows:


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"Section 3. Definition of Terms. - For purposes of this Act, the following are hereby
defined as follows

(a)'National Service Training Program (NSTP)" is a CIVILIAN program aimed at
enhancing civic AND SOCIAL consciousness [and defense] AND DISASTER
preparedness in the youth by developing the ethics of service and patriotism while
undergoing training in any of its program components, Its various components are

specially designed to enhance the youth's active contribution to the general welfare;

(b) [Reserve Officer Training Corps” (ROTC)- is program institutionalized under
Section 38 and 39 of RA No, 7077 designed to provide military training to tertiary
level students in order to motivate, train, organized and mobilize them for national
defense preparedness.]"COMPREHENSIVE COMMUNITY SERVICE PROGRAM? IS A
CIVILIAN PROGRAM DESIGNED TO TRAIN STUDENTS IN BASIC SERVICES IN A
SPECIFIC COMMUNITY WHICH MAY INCLUDE PLANNED AND SYSTEMATIC
‘TREE PLANTING, STREET CLEANING, WASTE SEGREGATION, TRAFFIC
MANAGEMENT, AND OTHER RELATED ACTIVITIES;

(c) “Literacy Training Service” is a CIVILIAN program designed to train students TO
CONDUCT LITERACY TRAINING, LIVELIHOOD TRAINING AND OTHER SIMILAR
TRAINING WITH THE BASIC SECTORS, ESPECIALLY THE URBANPOOR,
WORKERS, FARMERS, INDIGENOUS PEOPLE, FISHER FOLK, WOMENAND
CHILDREN;

(4) “COMMUNITY-BASED HEALTH AND NUTRITION PROGRAM” IS A CIVILIAN
PROGRAM DESIGNED ‘TO. TRAIN STUDENTS IN HEALTH AND
NUTRITIONEDUCATION IN SPECIFIC COMMUNITIES;

(c) “COMMUNITY IMMERSION PROGRAM” IS A CIVILIAN PROGRAM DESIGNED
TO STRENGTHEN THE SOCIAL CONSCIOUSNESS OF STUDENTS THROUGH
EXPOSURE AND IMMERSION AMONG THE BASIC SECTORS, SUCH AS
‘THERURAL AND URBAN POOR COMMUNITIES, TRADE UNIONS, PEASANTS,
FISHERFOLK, INDIGENOUS PEOPLE, AMONG OTHERS;

() “DISASTER PREPAREDNESS PROGRAM” IS A CIVILIAN PROGRAM DESIGNED
TO TRAIN STUDENTS IN DISASTER PREVENTION AND PREPAREDNESS IN
THEEVENT OF FLOODS, EARTHQUAKES, FIRE AND OTHER NATURAL AND MAN-
MADE CALAMITIES, RESCUE AND RELIEF OPERATIONS, MEDICAL
ANDHUMANITARIAN MISSIONS, AND OTHER RELATED ACTIVITIES;


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(g) “ECOLOGICAL SERVICES PROGRAM” IS A CIVILIAN PROGRAM DESIGNED TO
TRAIN STUDENTS IN ENVIRONMENTAL PROTECTION ~— AND.
AWARENESSACTIVITIES, AMONG OTHERS;

(h) “HUMAN RIGHTS EDUCATION AND ADVOCACY” IS A CIVILIAN PROGRAM
DESIGNED TO TRAIN STUDENTS IN THE PROMOTION AND PROTECTION OF
HUMAN RIGHTS, INCLUDING INDIVIDUAL AND COLLECTIVE CIVIL, POLITICAL,
SOCIAL, ECONOMIC AND CULTURAL RIGHTS, DOCUMENTATION, FACT-
FINDING MISSIONS, AND OTHER RELATED ACTIVITIES;"

SECTION 5. Section 4 of Republic Act No. 9163 is hereby amended to read as

follows:

"Section 4. Establishment of the National Service Training Program. - There is
hereby established a National Service Training Program, which shall form part of
the curricula of all baccalaureate degree courses and of at least two (2)-year
technical vocational courses and is a requisite for graduation consisting of the
following service components:

(1){The Reserve Officers Training Corps (ROTC) which is hereby made optional and
voluntary upon the effectivity of this Act] THE COMPREHENSIVE COMMUNITY
SERVICE PROGRAM

(2)The Literacy Training Service;

(3)THE COMMUNITY-BASED HEALTH AND NUTRITION PROGRAM
(4)THE COMMUNITY IMMERSION PROGRAM

(5)THE DISASTER PREPAREDNESS PROGRAM

(6)THE ECOLOGICAL SERVICES PROGRAM

(7)THE HUMAN RIGHTS EDUCATION AND ADVOCACY PROGRAM; AND

(8) OTHER SIMILAR PROGRAMS THAT THE SCHOOL, IN CONSULTATION WITH
THE SCHOOLS STUDENT COUNCILS AND STUDENT ORGANIZATIONS, AND
WITH THE APPROVAL OF THE COMMISSION ON HIGHER EDUCATION, MAY
IMPLEMENT

[The ROTC under the NSTP shall instill patriotism, moral virtues, respect for rights

of civilians, and adherence to the Constitution, among others.) Citizenship AND


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SOCIAL CONSCIOUSNESS training shall be given emphasis in ALL THE NSTP
PROGRAM COMPONENTS.

[The Commission on Higher Education (CHED) and Technical Education and Skills
Development Authority (TESDA), in consultation with the Department of National
Defense (DND), Philippine Association of State Universities and Colleges (PASUC),
Coordinating Council of Private Educational Associations of the Philippines
(COCOPEA) and other concerned government agencies, may design and implement
such other program components as may be necessary in consonance with the
provisions of this Act.]

THE SCHOOL, IN CONSULTATION WITH ‘THE SCHOOL'S STUDENT COUNCILS,
STUDENT ORGANIZATIONS, AND OTHER CONCERNED GOVERNMENT
AGENCIES, WITH THE APPROVAL OF THE COMMISSION ON HIGHER
EDUCATION (CHED) AND TECHNICAL EDUCATION AND SKILLS DEVELOPMENT
AUTHORITY (TESDA), MAY DESIGNAND IMPLEMENT SUCH OTHER PROGRAM
COMPONENTS AS MAY BE NECESSARY INCONSONANCE WITH THE PROVISIONS
OF THIS ACT."

SECTION 6. Section 6 of Republic Act No. 9163 is hereby amended to read as

follows:

"Section 6.x xx

In lieu of the two-semester program for any of the components of the NSTP a one
(1) summer program may be designed formulated and adopted by the [DND,] CHED
and TESDA."

SECTION 7. Section 7 of Republic Act No. 9163 is hereby amended to read as

"Section 7. NSTP Offering in Higher and Technical Educational Institutions. All
higher and technical and vocational institutions, public and private, must offer at
least TWO of the program components|,provided that state universities and colleges

ion

shall offer the ROTC components and at least one other component as edu
institution may ROTC if they have at least three hundred and fifty (350) cadets
students] enumerated in this Act

In offering the NSTP whether, during the semestral or summer periods, clustering
of affected students from different educational institutions may be done, taking

into account logistics, a branch of service and geographical considerations.

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Schools that do not meet the required number of students to maintain [the optional
ROTC and] any of the NSTP components shall allow their students to cross-enroll
to other schools [irrespective of whether or not the NSTP components in said
schools are being administered by the same or another branch of service in the
Armed Forces of the Philippines (AFP), CHED and TESDA to which schools are
identified].

A STUDENT SHALL HAVE THE SOLE POWER TO CHOOSE THE PROGRAM HE OR
SHE SHALL TAKE. IN NO CASE SHALL THE SCHOOL RESTRICT THE STUDENTS
IN THEIR CHOICE OF PROGRAMS BY REASON OF LIMITATIONS IN SLOTS.

SECTION 8. Section 8 of Republic Act No. 9163 is hereby amended to read as

follows:

"Section 8, {Fees and Incentives] NON-COLLECTION OF FEES~- Higher and
technical vocational institutions shall not collect any fee for any of the NSTP
components. {except basic tuition fees, which shall not be more than fifty percent
(50%) of what is currently charged by schools per unit.]

{In the case of ROTC, the DND shall formulate and adopt a program of assistance

and/or incentive to those students who will take the said component.

[The school authorities concerned, CHED and TESDA shall ensure that group
insurance for health and accident shall be provided for students enrolled in any of
the NSTP components.}

GROUP INSURANCE FOR HEALTH AND ACCIDENT, ALONG WITH OTHER NEEDS
OF THE VARIOUS NSTP COMPONENTS SHALL BE PROVIDED BY THE SCHOOL.
AUTHORITIES CONCERNED, WITHOUT INCURRING ADDITIONAL CHARGES FOR
STUDENTS.

SECTION 9. Section 10 of Republic Act No. 9163 is hereby amended to read as

follows:

"Section 10. x xx

The CHED and TESDA regional offices shall oversee and monitor the
implementation of the NSTP under their jurisdiction to determine if the training is
being conducted in consonance with the objectives of this Act. Periodic reports
shall be submitted to the CHED, TESDA [and DND]in this regard."


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SECTION 10. Section 11 of Republic Act No. 9163 is hereby amended to read as

follows:

"Section 11. Creation of the National Service Reserve Corps - There is hereby created
a National Service Reserve Corps, to be composed of the graduates of the [non-
ROTC components} NSTP. Members of this Corps may be tapped by the State for
literacy and civie welfare activities through the joint effort of the (DND] CHED and
TESDA, AND DEPARTMENT OF EDUCATION, DEPARTMENT OF HEALTH AND
OTHER CONCERNED AGENCIES,[Graduates of the ROTC shall form part of the
Citizens’ Armed Force, pursuant to Republic Act No. 7077.)

SECTION 11. Implementing Rules- The Commission on Higher Education shall
have the responsibility of revising the Implementing Rules and Regulations of Republic Act
No. 9163 in order to adapt to the amendments provided for by this Act. It shall consult
with other concerned government agencies, student councils and organizations, non-
government and other people’s organizations, and school associations in drafting the

revisions.

SECTION 12. Personnel. - ROTC personnel shall be deemed separated from the
service and shall receive the retirement benefits to which they may be entitled under

existing laws, rules and regulations.

SECTION 13. Appropriations. - The amount necessary for the implementation of

this Act shall be incorporated in the Annual General Appropriations Act.

SECTION 14, Separability Clause, ~ If any section or provision of this Act shall be
declared unconstitutional, the remaining sections or provisions shall not be affected

thereby.

SECTION 15. Repeating Clause. ~ All laws, presidential decrees, executive orders,
letters of instruction, rules and regulations which are inconsistent with any of the

provisions of this Act are hereby repealed or modified accordingly

SECTION 16. Effectivity Clause. - ‘This Act shall take effect fifteen (15) days after
the completion of its publication in the Official Gazette or in any newspaper of general
circulation and shall be implemented in schools in the semester immediately succeeding
the effectivity.

Approved,

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