REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 7994

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

EXPLANATORY NOTE

The Philippines’ defense and security sector is essentially established by and
anchored on Commonwealth Act No. 1, also known as the National Defense Act.
Under this legislation, the Department of National Defense (DND) was created with
the prime mandate to defend our country against internal and external threats to
ensure national peace security. This was strengthened through the promulgation of
Executive Order No. 292 s. 1987, which granted the DND an executive supervision
over the Armed Forces of the Philippines (AFP), Philippine Veterans Affairs Office
(PVAO), Government Arsenal (GA), National Defense University (NDU) and Office of
Civil Defense (OCD) to ensure the effective defense posture of the country!. The
DND is also the main agency to oversee and administer the AFP Modernization
Program.

Since the enactment of the National Defense Act in 1935, the defense and security
sector has undergone institutional and organizational developments, and technical
and capability enhancements. There were also new defense policies, principles and
concepts introduced and adopted to keep up with the changing security
environment. It is, therefore, high time for us to update our defense and security
“oa Gazete. Executive Order No. 292, 6ookV, TLE Vi, Subtitle Chapter 1 - General Provisions formation revive rom

tts: oficialgantte gov. ph/1987/07/25 executve-order-no-292-book-vitle-wisubitle-ichapter-1-genera-prowsions-3/. Dated
duly 25,1987


legislations and institutionalize the changes and improvements in our defense
establishments through this proposed measure.

Some of the salient provisions of this bill are the following: (1) prohibition of sale of
defense real estates, (2) inclusion of the Secretary of National Defense in the chain
of command, establishment of Joint Force Operational Commands as force
employers and the Component Services as force providers, (3) budget allocation of
not less than 3% of the Gross Domestic Product for the DND and its bureaus, (4)
exemption of acquisition of special defense equipment or material from government
procurement laws, (5) establishment of Warrant Officers in the AFP who will
specialize in specific technical areas, (6) mandatory citizen service of all Filipino
citizens, and (7) transformation of the National Defense College of the Philippines to
National Defense University of the Philippines. These are aimed to establish a
credible and professional defense and security sector.

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

MANUEL D&./CABOCHAN IIT
Representative
Magdalo Para Sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS
Second Regular Session

House Bill No, 7594

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN IIT

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

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

PRELIMINARY PROVISIONS

SECTION 1. Short Title This Act shall be known as “The National Defense
Act of 2020."

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 broad
concern of national security;

(b)The preservation of the State is the obligation of every citizen. The
security, freedom and independence of the Philippines shall be guaranteed

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by the employment of all citizens, without distinction of age or sex, and all
resources;

(©) 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 mobilization measures that are prepared at
all times;

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

(e)The employment of the nation's citizens and resources for national
defense shall be effected by a mobilization based on the defense posture
prescribed in the defense concept, strategy and/or plan issued by
Department of National Defense (DND);

(f) The mobilization shall include the execution of all measures necessary to
pass from a peace to a war footing or in any case of actual invasion or
when public safety and security 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 defense concept
and shall be prepared by the executive departments concerned in
accordance with the following general policies:

(1)The respective responsibilities of the concerned executive
departments in mobilization planning will be prescribed by the
President;

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

(h)No profit incident to war shall accrue to any individual, corporation,
association or partnershi

(i) The state values the dignity of every human person, guarantees full
respect for human rights, including but not limited to the rights of
indigenous cultural communities, the equitable rights of women in

™ peacebuilding, gender and development, and the protection of children
and other vulnerable groups; and adheres to the generally accepted


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principles of international law, including applicable conventions, protocols

and other international agreements.

Sec. 3. Defense Conditions and Authority. Defense conditions shall be the
bases for the designation of persons and entities to act in behalf of the state.
Defense Conditions, hereinafter referred to as DEFCON, are levels of national
security-peace, conflict and war- that tend to, or actually threaten, the security of
the state. The level of defense conditions and the persons or entities designated to
act in behalf of the state shall be prescribed by the President.

Sec. 4. National Security Council The Secretary of National Defense (SND)
shall be a member of the National Security Council with the mandate, power,
functions, composition and policies as provided by law or executive issuances.

EMPLOYMENT OF PERSONS AND RESOURCES

Sec. 5. Military Service. Military service shall be obligatory for all citizens of
the Philippines. The methods and procedure for the classification, selection,
examination, induction, training, employment, and release of all citizens from their
military obligations shall be as prescribed by the President.

Sec. 6. Registration 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. 7. Mobilization— During a mobilization, the President through the SND
shall have the power to secure all such resources as may be necessary for national
defense.

Sec. 8. Defense Budget. Total annual budget for the Department and its
bureaus shall not be less than three percent (3%) of the Gross Domestic Products of
the Philippines of the preceding year to sustain effective defense posture.


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TITLE LT
DEPARTMENT OF NATIONAL DEFENSE
Article I — General Provisions

Sec, 9, Mandate The Department of National Defense (DND) 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 security.

Sec. 10. Powers and Functions of the DND.-To carry out the above-declared

policy, the DND shall exercise and perform the following powers and functions:

(a) Design, formulate and prepare national defense concepts, 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;

(©) Develop and build defense capabilities of the Armed Forces to address
readiness and mission requirements and threats;

(d) Design and prescribe a Defense System of Management (DSOM) that shall
integrate and institutionalize the, but not limited to, strategic defense
assessment, planning, resource and financial management, acquisition,
control, support, administration, and decision making responsibilities of
the SND, CSAFP, and other DND and AFP senior leaders.

(e) Control, monitor, coordinate, supervise and evaluate the implementation
of national defense policies, plans, programs and activities;

(A) Exercise supervision and control over the Armed Forces of the Philippines
(AFP), Government Arsenal (GA), Office of Civil Defense (OCD), Philippine
Veterans Affairs Office (PVAO) and the National Defense University
(NDU);

(g)Formulate, establish, implement, supervise and control quality
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(h) 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;

(i) Implement the country's international defense and security commitments
based on defense and security treaties, cooperation agreements,
international covenants, protocols and other similar arrangements;

(j) Develop self-reliance defense program to guarantee the enhancement of
responsive and progressive capabilities and maximum utilization of

resources.

Sec. 11. Contracts.- The DND 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. 12. Administration, 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 otherwiserecommended by the Secretary of National Defense,
approved by the President of the Philippines, with the consent of Congress.

(©) 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.


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Sec. 13. Self-Reliant Defense Program—

(a) All applicable laws and issuances relevant to the Self-Reliant Defense
Program (SRDP), notwithstanding pertinent provisions of existing procurement laws,
are hereby revitalized without prejudice to government accounting and auditing
rules and regulations. The President, upon the recommendation of the SND, shall
prescribe the SRDP.

(b) The SND, in behalf of the Government of the Republic of the Philippines,
is hereby authorized to enter into contracts, under such terms and conditions as
may be agreed upon, with any natural or juridical person, with or without public
bidding, for the manufacture or procurement of supplies, equipment, or components
thereof, facilities, utilities and appurtenances thereto which are necessary for the
manufacture, servicing, or operation of such supplies, equipment or components
thereof needed for national defense and covered by the SRDP.

Sec. 14. 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 exempted
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 a
performance security instruments.

Sec. 15. Exemption from Import Licenses All acquisition of defense materiel
by the DND and its bureaus shall be exempt from permits, clearances, 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. 16. Grants and Donations.- The Department, or any of the bureaus,
agencies or offices under it, may accept donations, contributions, and grants from


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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. 17. 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-dimensional 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 II — Organization

Sec. 18. 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 (PVAO), Government Arsenal
(GA), National Defense University (NDU), Office of Civil Defense (OCD), and other
instrumentalities under the supervision and control of the Secretary of National
Defense as provided for by law. Other bureaus or offices under DND may be
created by competent authorities.

Sec, 19. Composition. - The DND-Proper shall be composed of the Office of
the Secretary of National Defense and the Offices of the Undersecretaries and
Assistant Secretaries, and the Department Services.


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Sec, 20. Office of the Secretary. - The Office of the Secretary shall consist of
the Secretary of National Defense (SND) and his/her immediate staff as determined
by him/her.

Sec. 21. The Secretary of National Defense. - The SND shall be appointed by
the President, subject to confirmation by the Commission on Appointments.

Sec. 22. Powers and Functions of the Secretary. - The authority and
responsibility for the exercise of the mandate of the DND and for the discharge of
its powers and functions shall be vested upon the SND, who shall have control and
supervision of the DND. 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 IL
‘THE ARMED FORCES OF THE PHILIPPINES
Article I— General Provisions

Sec. 23. Declaration of Policies.- The AFP shall adhere to the following

policies:

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

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

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

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

Sec. 24. Mission and Functions.- The AFP is the protector of the people and

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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) Design, plan, organize, train, equip, develop, employ and sustain its
Regular and Reserve Force for national defense and security.

Sec. 25. 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 SND, 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. 26. Organization and Composition. The AFP shall be composed of three
(3) component services — the Philippine Army, the Philippine Air Force, and the
Philippine Navy. The composition of the AFP shall be guided by the Table of
Organization and Equipment prescribed by the SND upon recommendation of the
CSAFP.

Article II — The Regular Force
A. Organization and Composi
Chapter 1 — General Provisions

Sec. 27. 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 SND upon
the recommendation of the Chief of Staff.


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Sec. 28. Organizational Principle. The SND, upon the recommendation of the
Chief of Staff, 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 SND may direct.

Sec. 29. Organizational Structure.- The Regular Force of the AFP shall consist
of the Joint Headquarters; the Joint Force Operational Commands; the Component.
Services namely: the Philippine Army, the Philippine Navy and the Philippine Air
Force; and the other existing units, services, commands, and other support and
sustainment units of the AFP. The SND 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. 30. 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 SND. The Joint Headquarters AFP, shall
be the command and control element of the AFP;

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

(©) The Joint Force Operational Commands as force employers shall be
responsible for the decentralized execution of joint operations to achieve
maximum operational effectiveness within the military establishment
unless otherwise determined by the CSAFP through the supervision of the
SND;

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

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

Chapter 2 — The General Headquarters Armed Forces of the Philippines

Sec. 31. Mandate.—The General Headquarters, which shall be headed by the
CSAFP, shall be the command and control element of the AFP.

Sec. 32.Organization.— The General Headquarters shall be composed of the
Office of the Chief of Staff of the Armed Forces of the Philippines, Office of the Vice
Chief of Staff, Office of the Deputy Chief of Staff; the AFP Joint, Personal and
Special Staff and the other key staff offices and units necessary for effective
command and control of the AFP as recommended by the CSAFP with the approval
of the SND.

Sec, 33. Chief of Staff of the Armed Forces of the Phillppines.~ 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.

CSAFP shall serve a minimum tour of duty of 2 years and maximum of 3
years; Provided, That no officer shall be appointed as CSAFP if that officer has less
than one (1) year remaining in the active service; Provided further, That the CSAFP
may be removed by the President as Commander in Chief at any time for loss of
trust and confidence; Provided finally, That the end of tour of duty as CSAFP, which
may be sooner than or beyond but not to exceed one (1) year after the compulsory
retirement age of other military personnel as provided by law, shall serve as the
distinct compulsory retirement of the CSAFP.

Sec. 34. Powers and Functions. The Chief of Staff shall:
(a) Serve as the principal military advisor to the President and the Secretary
of National Defense;


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

(©) Be responsible for the development of the policies, strategies, missions,
plans and programs of the AFP;

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

(e)Perform such other functions and duties as may be provided by law or
assigned or delegated by the President or SND.

Sec. 35. Vice Chief of Staff- The Vice Chief of Staff shall be the principal
assistant of the CSAFP and shall perform the functions of the CSAFP during the
latter's absence or incapacity. He shall be appointed in the same manner as the
CSAFP.

The Vice Chief of Staff shall serve for a minimum term of 1 year and
maximum of 3 years unless otherwise promoted to the next higher position and
without prejudice to compulsory retirement age of military personnel as provided for
by law; Provided, That no officer shall be appointed as a Vice Chief of Staff if that
officer has less than one (1) year remaining in the active service; Provided further,
That Vice Chief of Staff may be removed by the President as Commander in Chief at
any time for loss of trust and confidence and consequently deemed compulsorily
retired from the active military service effective on the date of relief.

Sec. 36. Deputy Chief of Staff- The Deputy Chief of Staff shall integrate and
synchronize the Joint Staff works to assist the CSAFP in policy formulation and
implementation, and command decision making process through completed staff
work.

The Deputy Chief of Staff shall serve for a minimum term of 1 year and
maximum of 3 years unless otherwise promoted to the next higher position and
without prejudice to compulsory retirement age of military personnel as provided for

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by law; Provided, That no Officer shall be appointed as The Deputy Chief of Staff if
that officer has less than one (1) year remaining in the active service; Provided
further, That the Deputy Chief of Staff may be removed by the President as
Commander in Chief at any time for loss of trust and confidence and consequently
deemed compulsorily retired from the active military service effective on the date of
relief.

Sec. 37. 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. 38. 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. 39, Special Staffi- 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. 40, Authority to Reorganize the General Headquarters. In the interest
of efficiency and effectiveness, the CSAFP, upon the approval of the SND, shall have
the authority to:

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

(b) Abolish existing staffs, offices and units in the General 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; and

(c) Establish and organize or abolish staffs, offices and units in the AFP and

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prescribe the organization, mission, functions, duties and responsibilities,

and qualification standards.
Chapter 3 — Joint Force Operational Commands

Sec. 41. Organization, Mission and Function. The Joint Force Operational
Commands shall be organized and established by the CSAFP with the approval of
the SND which shall be under the command, control and operational direction of its
Joint Force Commander. The mission, functions, duties and responsibilities and joint
area of operations of the Joint Force Operational Commandsshall be prescribed by
the SND, in consultation with, or upon the recommendation of the CSAFP.

Sec. 42. Designation or Assignment of Joint Force Commanders. 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 through the SND. The
Joint Force Commanders of the JFOC, as force employer, shall have operational
control over all units operating within their respective joint area of operations.

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

Chapter 4 — The Component Services

Sec. 43. Organization The Component Services shall be organized by the
President, upon the recommendation of the SND and the CSAFP. The Component
Services shall act as force providers, which shall develop, organize, train, equip,

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maintain and sustain the necessary forces in support of the AFP missions.

The Chiefs of the Component Services shall be designated or assigned to the
said position by the President. The Chiefs of the Component Services shall serve for
a minimum term of 2 years and maximum of 3 years unless otherwise promoted to
the next higher position and without prejudice to compulsory retirement age of
military personnel as provided for by law; Provided, That no officer shall be
appointed as Chief of Component Service if that officer has less than two (2) years
remaining in the active service; Provided further, That the Chief of Component
Service may be removed by the President as Commander in Chief at any time for
loss of trust and confidence and consequently deemed compulsorily retired from
the active military service effective on the date of relief.

Sec. 44. Phillopine 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. 45. Functions of the Philippine Army.~ The Philippine Army shall:

(a) Develop, organize, train, equip, maintain, and sustain such ground forces
or units as may be necessary for the conduct of prompt and sustained
operations;

(b)Prepare such forces or units as may be necessary for the effective
implementation of the national defense plans and programs and armed
forces missions;

(c) Formulate and develop, in coordination with the other Component
Services, doctrines, systems, tactics, techniques and procedures peculiar
to the Army;

(d) Implement mobilization of the Army Reserve; and

(@)Perform such other functions and duties as may be provided by law or

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assigned by the CSAFP.

Sec. 46. 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. 47. Functions of the Philippine Air Force. The Philippine Air Force shall:
Develop, organize, train, equip, maintain, and sustain such air forces or units as may
be necessary for the conduct of prompt and sustained operations;

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;
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.

Sec. 48. 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. 49. 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

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forces missions;

(©) Formulate and develop, in coordination with the other Component
Services, doctrines, systems, tactics, techniques and procedures peculiar
to the Navy;

(d) Implement mobilization of the Navy Reserve; and

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

Sec. 50. 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. 51. 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 3835 is hereby repealed. Further, the
number of female personnel in the AFP, notwithstanding provision of relevant laws,
shall be prescribed by the SND.

Chapter 5 — Military Education and Training Institutions

Sec. 52. Organization, Mission and Function.~ 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 SND
shall be under the command, control and direction of their Military Education and
Training Superintendent/Commandant. The mission, functions, duties and
responsibilities of the military education and training institutions shall be prescribed
by the CSAFP with the approval of the SND.

Sec. 53. The Philippine Military Academy—

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(a) Mandate. - The Philippine Military Academy, referred herein as the
Academy, shall be categorized as special higher education institution. The
Academy shall be the primary training and educational institution of the
AFP and its principal source of regular officers. The Academy shall seek to
have its academic program offerings be accredited by a reputable
accrediting agency of national or international standard.

(b) Organization. - The Academy, headed by the Superintendent, shall be
organized as prescribed by the SND 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 determined by the SND 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.

(f) Superintendent. - The Superintendent shall serve for a minimum term of
2 years and maximum of 3 years unless otherwise promoted to the next
higher position and without prejudice to compulsory retirement age of
military personnel as provided for by law; Provided, That no officer shall
be appointed as Superintendent if that officer has less than two (2) years
remaining in the active service; Provided further, That the Superintendent
may be removed by the President as Commander in Chief at any time for
loss of trust and confidence and consequently deemed compulsorily retired
from the active military service effective on the date of relief.

(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

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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.

(h) Foreign Cadets. - A quota of foreign cadets as determined by the SND
may be allotted to each foreign country maintaining diplomatic relations
with the Philippines. PMA and/or AFP, in accordance with the principle of
reciprocity, shall shoulder the authorized allowances, per diem and local
travel expenses of foreign cadets on the condition that the salary of such
cadet shall be borne by the sending country. The number of foreign
cadets in PMA shall not be counted in the authorized Cadet Corps
strength.

Sec. 54. Authority to Establish Other Military Training Institutions— The
President, upon the recommendation of the CSAFP through the SND, is hereby
authorized to establish other military training academies and institutions in the AFP.

B, Human Resource Management
Chapter 1 — Commissioned Officers

Sec. 55. 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 SND.

Sec. 56. Appointments in the Regular Force. Officers shall be permanently
appointed by the President in the Regular Force in accordance with the provisions of
the Constitution. 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 rank by the President.

Sec. 57. Revocation of Commission The commission of an officer may be
revoked by the President at any time, upon the recommendation of the SND when

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found not fully qualified for such commission or who lacks any of the qualifications
prescribed by law or regulation.

Sec. 58. Officer Grade Distribution The SND 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. The grade of an officer
may be distinct from his rank wherein the primary bases of the former are the
degree of responsibility and competency, but in no case shall it deviate two (2)
grades lower or 1 grade higher than the regular rank-to-grade equivalency to be
prescribed by the SND.

Sec. 59. 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 SND based on the recommendation of the CSAFP in accordance with
the Table of Organization and Equipment.

Sec. 60. Tour of Duty in Key Positions No officers with less than 1 year
remaining active service shall be designated to positions requiring the rank of
Brigadier General/Commodore or higher.

Sec. 61. AFP Officers Promotion System.

(a) The AFP Officers 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 Officers 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
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(©) The AFP Officers 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 SND shall prescribe the seniority and promotional lineal list of the
AFP,

Sec. 62. Promotion to General/Flag Officer Grades.- No officer shall be
promoted to the rank of Brigadier General/Commodore or higher unless there is an
existing vacancy and the officer is occupying a position in the Table of Organization
and Equipment that requires the rank for which he is being considered for promotion
or assignment.

Sec. 63. Maximum Tenure-in-Rank.— The maximum tenure-in-rank of officers
shall be prescribed by the President giving prime consideration on the best interest of
the service, organizational integrity, and sound human resource management
including equitable career development and attrition.

Sec, 64, Determination and Allocation of Key Positions- The SND 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.

Sec. 65. Commissioned Officer Career Development The SND, upon the
recommendation of the CSAFP, shall develop a commissioned officer career
development for every field of specialization among the component services in order
to provide a lifelong process of managing schooling, rank, grade, duty tour, duty
assignment and transitions of commissioned officers to move toward a personally
determined and evolving preferred future in the AFP.

Chapter 2 — Warrant Officers

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Sec. 66. Appointment of Warrant Officers.- 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 SND, may be appointed in the
Regular Force. Warrant Officers shall be appointed by the SND. The appointment of
a Warrant 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
SND at any time, upon the recommendation of the CSAFP.

‘Sec. 67. Warrant Officer Management.— The SND shall prescribe the special
career management, employment, grades, rank, discipline 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.

Sec. 68, Authority, Grounds or Qualifications to Separate, Promote and
Demote.- The authority to separate, promote or demote a Warrant Officer is vested
upon the SND and the latter shall prescribe the procedure, grounds or qualifications
thereof.

Chapter 3 — Enlisted Personnel

Sec. 69. 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 possesses such educational attainments as may be prescribed
by the SND, may be enlisted in the Regular Force under the following restrictions:

(a) Except as otherwise provided for herein, initial enlistment in the Regular

Force shall be for a term of five (5) years: Provided, That all special
enlistments in force at the outbreak of war, or other grave national
emergency, or entered into during its continuation shall remain in force
until six months after its termination, unless sooner terminated by the
discharge authority;

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

(©) Re-enlistment in the Regular Force shall be prescribed by the SND.

Sec. 70. 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. The grade of an enlisted
personnel or non-commissioned officer may be distinct from his rank, the primary
bases of the former are the degree of responsibility and competency, but in no case
shall it deviate two (2) grades lower or one (1) grade higher than the regular rank-
to-grade equivalency to be prescribed by the SND.

Sec. 71. Enlistment and Career Development of Enlisted Personnel System.—
The SND, upon the recommendation of the CSAFP, shall prescribe the guidelines
which shall govern the procurement, enlistment, training, placement and promotion
of all enlisted personnel in the AFP.

Sec. 72. Authority, Grounds or Qualifications to Discharge, Promote and
Demote.- The authority and grounds to discharge or separate enlisted personnel
shall be prescribed by the SND, but in no case shall the authority be given to an
officer without appropriate legal staff. The authority, grounds or qualifications to
promote, demote and other means to reward or discipline enlisted personnel shall
be prescribed by the CSAFP.

C. Retirement and Separation

Sec. 73. 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. Except as otherwise

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provided for by this Act, retirement and separation provisions applicable to
commissioned officers shall be applied to warrant officers.

Sec. 74. Recall from Retirement. A Commissioned Officer, Warrant Officer or
Enlisted Personnel who retired from the active service, may be recalled to active
duty by the President during national mobilization and shall be subject to the Articles
of War. They shall be recalled in the last permanent rank held before retirement.

Sec. 75. Retirement and Separation Benefits. - Entitlement to retirement or
separation benefits shall be based on the characterization of discharge, separation or
termination of active service to be prescribed by the SND for Commissioned and
Warrant officer, and by the CSAFP for Enlisted Personnel.

Except as otherwise provided for by this Act, Congress shall allocate funds for
the retirement and separation benefits as provided by laws, rules and regulations.
Monthly retirement pay shall be fifty (50%) of the base pay and longevity pay of the
grade next higher than the permanent grade last held in case of twenty (20) years
of active service, increasing by two and one-half percent (2.5%) for every year of
active service rendered beyond twenty (20) years to a maximum of ninety percent
(90%) for thirty-six (36) years of active service and over.

Sec. 76. Attrition System—

(a) For Officers. — The attrition system, including but not limited to setting of
tenure or age in rank or grade, for Officers shall be prescribed by the
President as recommended by the SND. Unless lengthened by the
President on annual basis, an officer who has reached the maximum
tenure or age in rank or grade is deemed separated if he has less than 20
years of active service or compulsorily retired if he has 20 years or more
of satisfactory active service.

(b)For Warrant Officers and Enlisted Personnel. - The attrition system,
including but not limited to setting of tenure or age in rank or grade, for
Warrant Officers and Enlisted Personnel shall be prescribed by the SND as

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recommended by the CSAFP.

(©) Selection Boards. - Appropriate selection boards shall be empowered or
created, and mandated to carry out the attrition system with primary
consideration on the best interest of the service, organizational integrity,
effectiveness and efficiency, and equitable career development. Except for
causes involving administrative or criminal violations, attrition as approved
by the authorities prescribed in this Act, upon the recommendation of the
appropriate boards, shall be deemed compulsory separation or retirement
under honorable characterization.

(d) Transition Assistance. — Comprehensive program for transition assistance
shall be prescribed by SND, upon recommendation of the CSAFP, and shall
be carried out by respective Component Services for the benefits of
separating or retiring personnel, under honorable characterization,
including but not limited to free job-skill development, job search or
placement, financial or business literacy, or mental, psychological, spiritual
or family-relation wellness.

Sec. 77. 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 Filipino citizenship shall no longer be entitled to
receive pension and retirement benefits. The survivors of any retired military
personnel who lost his Filipino citizenship shall no longer be entitled to receive
survivorship benefits.

D. Administration of Military Discipline and Justice System

Sec. 78. Military Discipline and Justice.—

(a) There shall be a military discipline and justice system which consists of
rules to govern the conduct of military personnel and provides a method
of punishment for the purpose of enforcement of discipline and
administration of justice in the Armed Forces of the Philippines (AFP).

(b) Military justice shall be applicable at all times and in all places to all

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persons subject to military law as defined by existing laws.

(©) The President, as Commander-in-Chief, and subordinate authorities as
provided for in this Act shall have the exclusive authority to
administratively discipline military personnel for purely service-related
offenses or infractions. The power to investigate and adjudicate
administrative cases against military personnel for acts arising from the
performance of official duties shall be under the exclusive jurisdiction of
the AFP.

(d) No order of separation, dismissal or discharge from the active service or
acceptance of resignation of Commissioned Officers shall be implemented
unless approved by the President.

(e) There shall be reduction in grade, suspension of active service, and
forfeiture, suspension, or withholding of pay and allowances of
Commissioned Officers found administratively liable. The procedure,
extent, grounds or system of which shall be prescribed by the President as
recommended by the SND. Other lower disciplinary measures against
erring Commissioned Officers shall be prescribed by the SND.

(f) Procedure, extent, grounds or system of reduction in grade, demotion of
rank, suspension of active service, and forfeiture, suspension or
withholding of pay and allowances of Warrant Officers found
administratively liable shall be prescribed by the SND, and that of Enlisted
Personnel by the CSAFP. Other lower disciplinary measures against erring
Warrant Officers and Enlisted Personnel shall be prescribed by the CSAFP.

E. Legal Assistance

Sec. 79. Extension of Legal Assistance- All military personnel, including
separated or retired personnel, charged of service-related or service-connected civil
or criminal cases, upon determination by the Judge Advocate General or the
concerned Component Service Judge Advocate of the fact of service connection with
the approval of the concerned Chief of Component Services, shall be provided
adequate and competent legal representation and assistance by military lawyers or

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counsel of their own choice until the logical conclusion of their cases. Reasonable

“ programmed allocation can be charged against the fund of the concerned

component service to support the effective handling and defense of this category of

cases.
F, Management System Development

Sec. 80. Integrated Information System. Upon effectivity of this Act, the AFP
shall prioritize to develop strategic resource management policy, and institutionalize
implementation of AFP-wide integrated information systems primarily aimed to
achieve effective and efficient processing of information for expeditious and
responsive decision making, functional performance and service delivery from
procurement to retirement stages.

Article ITI - The Reserve Force
Chapter 1 — General Provisions

Sec. 81-A, Mandatory Miltary 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 render a minimum of
‘two years mandatory military service which includes, but not limited to, basic,
suitable and sufficient military training and education.

Sec. 81-B, Penalty Any person failing to render the military service
provided herein or to report to a designated training institution after having been
duly notified to do so shall, upon conviction, be sentenced to serve not more
than six months in prison or to pay a fine of not exceeding Forty Thousand Pesos (P
40,000.00), or both at the discretion of the Court. Conviction for this offense shall
not exempt the person convicted from the required military service.

Sec. 82. Purpose: The purpose of the Reserve Force is to provide the base
for the expansion of the AFP in the event of disaster, internal disorder and invasion.

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Sec. 83. Organization of the Reserve Force- The organization of the Reserve
Force shall conform to the projected and actual needs as determined by the SND
upon the approval of the President. The Table of Organization and Equipment of the
Reserve Force shall be prescribed by the SND upon recommendation of the CSAFP.
As far as applicable, the organizational structure of Reserve Force shall mirror that of
the Regular Force.

Chapter 2 — Composition of the Reserve Force

Sec. 84. Composition. The Reserve Force shall have three (3) components,
namely:

(a) Army Reserve Component;

(b) Air Force Reserve Component; and

(©) Navy Reserve Component.

Sec. 85. 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 execution of national defense plans or to
meet an emergency. ARUs shall belong to any of the Reserve Force Components.

Sec. 86. 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 and
approved by the SND.

TITLE II
OTHER BUREAUS AND AGENCIES UNDER THE DEPARTMENT
Article I - General Provisions

Sec. 87. Supervision and Control.— The SND shall exercise supervision and
control over the bureaus and agencies under this Title, as well as its personnel.

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Sec. 88. Organization 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 DND shall be prescribed by the SND based on
appropriate rules and regulations.

For this purpose, and in the interest of service, the SND may, in accordance

with the policies or directives of the President:

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

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

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

Sec. 89. Separation Benefits of Officials and Employees of Affected Bureaus
or Agencies.- Government employees displaced or separated from the service as a
result of the restructuring pursuant to this Act shall be entitled to a separation pay
and other benefits in accordance with existing laws, rules or regulations.

Article II — The Government Arsenal

Sec. 90. 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. 91. Power and Functions- The Government Arsenal shall have the
following powers and functions:

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

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

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

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

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

Sec. 92. 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 SND, and who shall have the relevant expertise, training and experience in
the field of munitions.

Sec. 93. Modernization of the Arsenal The modernization of the Government
Arsenal, for the development of production capabilities to enhance self-sufficiency in
defense requirements, shall be part of the defense modernization program. The
Government Arsenal may use such production facilities it may own or be provided
with under this Act or it may arrange, under joint venture, co-production or similar
agreements with local and foreign entities.

Article III — National Defense University

Sec. 94. Transformation of the NDCP.- In view of the rapidly evolving

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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
(NDU), categorized as a special higher education institution. To ensure continuous
operation, all personnel and resources of the NDCP shall be absorbed by the NDU.

The degree programs, instruction, faculty complement, research, and
facilities of the NDU shall be accredited by the Commission on Higher Education
(CHED). The NDU shall likewise have adequate plantilla positions and receive
appropriate funding to fulfill the requirements of transforming into a defense

university.

Sec. 95. Mandate and Organization.— In accordance with the standards set
forth in pertinent laws and regulations on higher education, the NDU shall train and
develop the competence of potential national defense leaders, civilian officials of the
different agencies and instrumentalities of the government, and selected executives
from the private sector in the formulation and review of national security policies
and undertake research and studies as basis for the formulation of national defense
and security policies, plans and programs.

Sec. 96. Powers and Functions. - The University shall have the following
Powers and functions:

(a) Confer the degree of Master in National Security Administration (MNSA)
upon the graduates thereof;

(b) Develop and confer other baccalaureate, master’s, and doctorate degrees
on defense and security; and

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

Sec. 97. Organization and Administration. —

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(a) The NDU shall be headed by a President to be assisted by an Executive
Vice President, and four (4) Vice-Presidents, all of whom shall be
appointed by the President of the Philippines, upon the recommendation
of the SND. The NDU President shall administer the affairs of the
University for a term of six (6) years.

(b)The EVP shall act as NDU President in the absence or incapacity of the
NDU President, and shall perform such other functions and duties as may
be assigned to him by the NDU President or the SND.

(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 SND.

(d) The University shall have an Academic Board to assist the President in the
following functions:

(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 designated by the NDU President subject to the approval of the

SND.

(e)All resource persons of the University including but not limited to
academic consultants, professors, lecturers, instructor, thesis advisers,

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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 SND.

(f) The SND 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. 98. 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 shalll 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 O-7 (Brigadier General/Commodore).

Sec. 99. 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 NDU.

Article IV — Office of Civil Defense

Sec, 100. Mandate. The Office of Civil Defense (OCD) shalll 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. 101. Powers and Functions.- The Office shall have the following powers
and functions:

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

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

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

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

(©) 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 as may be deemed appropriate or as
the Secretary may require;

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

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

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

Sec, 102. 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

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organization and staffing as recommended by the SND.

Sec. 103. Governing Laws, Rules and Regulations The mandate, powers,
functions, and organization of the OCD, and other pertinent rules and regulations
prescribed by competent authorities are without prejudice on laws pertaining
specifically to disaster resilience.

Article V — Philippine Veterans Affairs Office

Sec. 104. Mandate.— The Philippine Veterans Affairs Office shall be the
government agency responsible for administering the benefits due to veterans and
their qualified beneficiaries and shall provide medical assistance to veterans
pursuant to existing laws. It shall also administer, maintain and develop military
memorials and battle monuments proclaimed as national shrines.

Sec. 105. Powers and Functions.-The Office shall have the following powers

and functions:

(a) Formulate and promulgate, subject to the approval of the SND, policies,
rules and regulations governing the adjudication and administration of
veterans’ claims and benefits;

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

(c) Provide medical care and treatment to veterans pursuant to existing
programs and projects approved by the SND;

(d) Administer, develop and maintain military shrines;

(e) Develop patriotism and nationalism, PVAO preserves and promotes the
ideas of Kagitingan in the sacrifices and heroic deeds of our veterans;

(f) Formulate policies concerning the affairs, placement and training of ex-
servicemen and assist their widows and dependents, and other retired
military personnel;

(g) Undertake the promotion of the general welfare of veterans and their

families; and

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21
2
23

25
26
2
28
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30
31
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(h) Perform such other functions as may be provided by law.

Sec. 106. 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 SND.

FINAL PROVISIONS

Sec, 107. Implementing Rules and Regulations. The DND and all concerned
agencies shall, within one hundred twenty (120) days from the effectivity of this
Act, formulate the rules and regulations necessary to implement this Act. The said
rules and regulations shall be approved by the President of the Philippines.

Sec. 108. Appropriations.- The amount needed for the initial implementation
of this Act shall be taken from the current year’s appropriations of the DND and AFP.
Thereafter, such sums as may be necessary for its continued implementation,
especially those pertaining to the approved Table of Organization and Equipment or
its equivalent document in civilian bureaus, shall be included in the annual General
Appropriations Act.

Sec. 109, Separability Clause.— If any portion or provision of this Act is
declared unconstitutional, the remainder of this Act or any provisions not affected
thereby shall remain in force and effect.

Sec. 110. Repealing Clause. Any law, presidential decree or issuance,
executive order, letter of instruction, rule or regulation inconsistent with the
provisions of this Act is hereby repealed or modified accordingly.

Sec. 111. Effectivity Clause. - This Act shall take effect fifteen (15) days upon
its complete publication in the Official Gazette or a newspaper of general circulation.

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Approved,

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