Republic of the Philippines
HOUSE OF REPRESENTATIVES

Queson City
CMa: Sy
EIGHTEENTH CONGRESS = npex 8%
First Regular Session
House Bit o. 2285

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The National Defense Act was enacted in 1935 through Commonwealth Act No. 1 and
is the primary legislation that governs the defense and security of our country. 82 years
has passed and no amendment or changes has been made since. Certain provisions
of the law are due to be updated and a stronger, more credible National Defense
System is imperative. While steps have been made to modernize the country's
defense system, the existing law is unable to adapt to the changing times. If the
defense department is to address the current threats to our national security,
legislative initiatives should be made to help strengthen our defense system.

Itis, therefore, the goal of this bill to update current national defense policies, principles
and concepts and to institutionalize needed improvements and codify various laws on
national defense. It aims to streamline and further professionalize our country's
defense establishment.

Under the proposed bill, the Secretary of Defense shall be included in the Chain of
Command and the exercise of authority, direction, command and control over the AFP
shall be carried out from the President as the Commander-in-Chief, through the
Secretary. It proposes further to integrate the Women's Auxiliary Corps and the
Technical and Administrative Service in the Component Services. It also establishes
the Warrant Officers in the AFP, composed of highly technical experts, combat leaders
and trainers and advisors.


This bill also seeks transform the National Defense College of the Philippines shall be
into the National Defense University of the Philippines categorized as a special higher
education institution. The institution shall be able to confer the degree of Master in
National Security Administration, which shall subsequently be required for
appointment to key positions and promotion of AFP officers.

Further, this bill proposes the prohibition on the sale of defense real estates, unless
otherwise recommended by the Defense Secretary and whose income from the lease
or development shall be remitted to the AFP Modernization Act Trust Fund. The AFP
shall also be henceforth exempted from the Government Procurement Law for cases
involving special defense equipment and at the call of the Defense Secretary in the
protection of the interests of the country.

In 2017, during his second State of the Nation Address (SONA), President Duterte
declared the need for a “stronger and more credible National Defense system for the
country” to “strengthen the defense capability of the AFP as a deterrence against
terrorists, lawless elements, and other threats”. He again reiterated his support for
legislative initiatives aimed at strengthening defense-related systems during his fourth
SONA.

The approval of this bill is earnestly sought.

Luis UND LRAY” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 30a 5

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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 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 2019."

SECTION 2. Declaration of National Defense Policies. - The national
defense policies of the Republic of the Philippines shall be as follows:

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

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

c. The civil authority shall at all times be supreme over the military. The
President of the Philippines as the Commander-in-Chief of all military forces, shall be
responsible that mobilization measures are prepared at all times;

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


e. The mobilization plans of financial, industrial, economic, technological and
social resources of the Philippines shall conform to the provisions of the Constitution
and shall be prepared by the executive departments concerned in accordance with the
following general policies:

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

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

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

SECTION 3. Defense Conditions and Authority. - Defense conditions shall
be the bases for the designation of persons and entities to act in behalf of the state
Defense Conditions, hereinafter referred to as DEFCON, are circumstances where the
three categories of events — disaster, internal disorders, and invasion— acting
separately or in concert tend to, or actually threaten, the security of the state. The
hierarchy of defense conditions and the persons or entities designated to act in behalf
of the state shall be prescribed by the President.

ARTICLE |
NATIONAL DEFENSE COUNCIL

SECTION 4. National Defense Council - (a) The National Defense Council
(NDC) chaired by the President is composed of heads of the executive departments,
past Presidents, past Chief Justices of the Supreme Court and other government
Officials and private citizens as the President may appoint or designate. It shall have
a permanent staff which shall preserve a documentary record of the Council's
deliberations.

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

TITLES
DEPARTMENT OF NATIONAL DEFENSE
Article | - General Provisions

SECTION 5. Mandate. - The Department of National Defense is the primary
goverment agency charged with the duty of implementing the provisions of this Act.


The defense establishment shall be maintained to maximize its effectiveness for
guarding against external and internal threats to national peace and security

SECTION 6. Powers and Functions of the Department. - To carry out the
above-declared policy, the Department shall exercise and perform the following
powers and functions:

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

b. Formulate, develop and update the national defense plan of the country,
including the mobilization plan for the employment of the country's citizens and
resources for national defense;

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

d. Exercise supervision and control over the Armed Forces of the
Philippines (AFP), Goverment Arsenal (GA), Office of Civil Defense (OCD),
Philippine Veterans Affairs Office (PVAO) and the National Defense University of the
Philippines (NDUP);

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

f. Establish, promote and maintain bilateral and multilateral linkages for
defense and military cooperation with its intemational counterparts for the purpose of
addressing traditional and non-traditional security threats.

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

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

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

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

SECTION 7. Contracts. - The Department is hereby authorized to enter into,
make, perform and carry out contracts of every class, kind and description which are


necessary or incidental to the performance of its mandate as provided herein, with
any person, firm or corporation, public or private, and with foreign government entities,
‘subject to the provisions of existing laws, rules and regulations.

SECTION 8. Management and Control of Defense Real Properties. —

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

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

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

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

SECTION 9. Special Defense Materiel Acquisition. Upon prior approval by
the President of the Philippines, and when the procurement for use by the AFP
involves major defense equipment or materiel and/or defense-related consultancy
services, when the expertise or capability required is not available locally, and the
Secretary of National Defense has determined that the interests of the country shall
be protected by negotiating directly with an agency or instrumentality of another
country with which the Philippines has entered into a defense cooperation agreement
or otherwise maintains diplomatic relations, the AFP may be allowed to resort to
negotiated procurement: Provided, however, That the performance by the supplier of
its obligations under the procurement contract shall be covered by a performance
security in accordance with Sec. 39 of the IRR of R.A. 9184.

SECTION 10. Exemption from Import Licenses. - All acquisition of defense
materiel by the DND and its bureaus shall be exempt from import and other licenses
imposed by other agencies of the government. In lieu thereof, the SND shall issue a
certification that the goods being imported are exempt from such licenses.

SECTION 11. Grants and Donations. - The Department, or any of the
bureaus, agencies or offices under it, may accept donations, contributions, and grants
from various sources, domestic or foreign, for purposes relevant to its functions:
Provided, That in case of donations from foreign governments or persons, acceptance
thereof shall be subject to existing laws, rules and regulations.


SECTION 12. 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 multifaceted 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,
fesearch 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 lt - Organization

SECTION 13. 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), Govemment Arsenal
(GA), National Defense University of the Philippines (NDUP), Office of Civil Defense
(OCD), and other instrumentalities under the supervision and control of the Secretary
of National Defense as provided for by law.

SECTION 14. Composition. - The DND-Proper shall be composed of the
Office of the Secretary of National Defense and the Offices of the Undersecretaries
and Assistant Secretaries, and the Department Services.

SECTION 15. Office of the Secretary. - The Office of the Secretary shall
consist of the Secretary of National Defense and his/her immediate staff as
determined by him/her.

SECTION 16. The Secretary of National Defense. - The Secretary of National
Defense shall be appointed by the President, subject to confirmation by the
Commission on Appointments.

SECTION 17. Powers and Functions of the Secretary. - The authority and
responsibility for the exercise of the mandate of the Department and for the discharge
of its powers and functions shall be vested in the Secretary of National Defense, who
shall have supervision and control of the Department. The Secretary shall also
perform such other functions as may be necessary or proper to attain the objectives
of this Act or as may be provided by law or directed by the President.


TITLE I
THE ARMED FORCES OF THE PHILIPPINES
Article | - General Provisions

SECTION 18. Declaration of Policies. —

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

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

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

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

SECTION 19. Mission and Functions. — The AFP is the protector of the people
and the State. Its goal is to secure the sovereignty of the State and the integrity of the
national territory. It shall have the duty to:

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

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

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

SECTION 20. Chain of Command. — The exercise of authority, direction,
command and contro! over the AFP shall be carried out through the Chain of
Command, which is the line of authority and responsibility along which orders are
passed, beginning from the President as the Commander-in-Chief, through the
Secretary of National Defense, to the Chief of Staff of the Armed Forces of the
Philippines (CSAFP) down to the commander of the lowest echelon of command in
the AFP: Provided, That this does not preclude the President from issuing orders
directly to the AFP.


SECTION 21. Organization and Composition. - The AFP shall be initially
composed of three (3) component services- the Philippine Army, the Philippine Air
Force, and the Philippine Navy. These services shall form the Citizens Armed Force
composed of the Regular Force and Reserve Force guided by the Table of
Organization and Equipment of the AFP, prescribed by the Secretary of National
Defense upon recommendation of the CSAFP.

ARTICLE I
THE REGULAR FORCE

A. ORGANIZATION AND COMPOSITION
CHAPTER 1 - GENERAL PROVISIONS:

SECTION 22. 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

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

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

SECTION 23. Organizational Principle. — The President, through the
Secretary of National Defense, shall organize the AFP into such commands, forces
and units in accordance with operational requirements. For this purpose, the national
territory may be divided into such operational areas as the Secretary of National
Defense may direct.

SECTION 24. Organizational Structure. — The Regular Force of the AFP shall
consist of the Joint Headquarters; the Joint Force Operational and Functional
Commands; the Component Services namely: the Philippine Army, the Philippine
Navy and the Philippine Air Force; and the other existing units, component services,
commands, and task forces of the AFP. The Secretary of National Defense upon the
recommendation of the CSAFP may, in accordance with the policies or directives of
the President, create additional units, services, commands and task forces, or
reorganize the AFP in response to any situation or in pursuance of operational or
contingency plans.


SECTION 25. Operational Principles. — The operational principles of the AFP
‘shall be as follows:

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

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

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

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

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

CHAPTER 2
THE JOINT STAFF HEADQUARTERS ARMED FORCES OF THE PHILIPPINES.

SECTION 26. Mandate. — The Joint Staff Headquarters, which shall be headed
by the CSAFP, shall be the command and control element of the AFP.

SECTION 27. Organization. - The Joint Staff Headquarters shall be
composed of the Office of the Chief of Staff of the Armed Forces of the Philippines,
Office of the Vice Chief of Staff, Office of the Deputy Chief of Staff; the AFP Joint,
Personal and Special Staff and the other key staff offices and units necessary for
effective command and control of the AFP as recommended by the CSAFP with the
approval of the Secretary of National Defense.

SECTION 28. The Chief of Staff of the Armed Forces of the Philippines. —

(a) The President shall appoint the CSAFP from among the officers with the
rank of Lieutenant General/Vice Admiral in the active service, who shall hold the rank
of General/Admiral.


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

SECTION 29. Powers and Functions. - The Chief of Staff shall:

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

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

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

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

SECTION 30. The Vice Chief of Staff. - The Vice Chief of Staff shall be the
principal assistant of the CSAFP and shall perform the functions of the CSAFP during

the latter's absence or incapacity. He shall be appointed in the same manner as the
CSAFP

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

SECTION 31. The Deputy Chief of Staff. - The Deputy Chief of Staff shall
integrate and synchronize the Joint Staff works to assist the CSAFP in policy
formulation and implementation, and command decision making process through
completed staff work,

The Deputy Chief of Staff shall serve for a minimum term of 1 year and
maximum of 3 years unless otherwise promoted to the next higher position and without
prejudice to compulsory retirement age as provided in this Act: Provided, That no
Officer shall be appointed as The Deputy Chief of Staff if that officer has less than one
(1) year remaining in the active service: Provided further, That the Deputy Chief of


Staff may be removed by the President as Commander in Chief at any time before the
end of the term of 3 years and deemed retired from active military service.

SECTION 32. The Joint Staff. - The Joint Staff, as coordinating staff shall
advise and assist the CSAFP in the performance of his/her functions. The
organization, functions and duties of the Joint Staff shall be prescribed by the CSAFP.

SECTION 33. Personal Staff. — The Personal Staff, as immediate staff shall
directly advise and assist the CSAFP in the performance of his/her functions. The
organization, functions and duties of the Personal Staff shall be prescribed by the
CSAFP: Provided, That coordination with other staff is not precluded.

SECTION 34. Special Staff. - The Special Staff, as specialized, technical and
administrative staff shall advise and assist the CSAFP in the performance of his/her
functions. The organization, functions and duties of the Special Staff shall be
prescribed by the CSAFP

SECTION 35. Authority to Reorganize the General Headquarters into the
Joint Staff Headquarters. — In the interest of efficiency and effectiveness, the
CSAFP, upon the approval of the Secretary of National Defense, may:

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

b. Abolish existing staffs, offices and units in the Joint Staff Headquarters not
specifically provided in this Chapter or by any other provision of law, or transfer or
consolidate their functions and duties with other staffs, offices or units.

CHAPTER 3 - JOINT FORCE OPERATIONAL COMMANDS
SECTION 36. Organization, Mission and Function. —

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

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


SECTION 37. Designation or Assignment of Joint Force Commanders. —

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

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

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

CHAPTER 4 — THE COMPONENT SERVICES

SECTION 38. Organization. —

(a) The Component Services shall be organized by the President, upon the
recommendation of the Secretary of National Defense and the CSAFP. The Chiefs

of the Component Services shall be designated or assigned to the said position by
the President.

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

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

SECTION 39. The Philippine Army. - The Philippine Army (PA), headed by
the Chief of the Philippine Army shall provide forces that will be responsible for the
conduct of prompt and sustained joint and combined ground operations in support of

13


the AFP mission. It shall be composed of its headquarters, maneuver units, and
sustainment units and such other units as may be necessary for the conduct of
ground operations.

SECTION 40. 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;

©. 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 Amy Reserve; and

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

SECTION 41. The Philippine Air Force. — The Philippine Air Force (PAF)
headed by the Chief of the Philippine Air Force shall provide forces that will be
responsible for the conduct of prompt and sustained air operations in support of the
AFP mission. It shall be composed of its headquarters, air combat, combat support
and sustainment units and such other units as may be necessary for the conduct of
air and support operations.

SECTION 42. Functions of the Philippine Air Force. — The Philippine Air
Force shall:

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

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

c. Formulate and develop, in coordination with the other Component
Services, doctrines, systems, tactics, techniques and procedures peculiar to the Air
Force;


d. Implement mobilization of the Air Force Reserve; and

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

SECTION 43. The Philippine Navy. — The Philippine Navy (PN) headed by
the Chief of the Philippine Navy, shall provide forces that shall be employed for the
conduct of prompt and sustained naval operations in support of the AFP missions. It
shall be composed of its headquarters, naval forces, service support and sustainment
units and such other units as may be necessary for the conduct of naval operations.

SECTION 44. Functions of the Philippine Navy. — The Philippine Navy shall:

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

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

cc. 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

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

SECTION 45. Technical and Administrative Service. - Each Component
Service shall develop, organize, train, equip, maintain, and sustain their respective
Technical and Administrative Service composed of but not limited to, The Judge
Advocate General Service, Medical Corps, Veterinary Corps, Medical and

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

SECTION 46. The Women’s Auxiliary Corps. — The Women’s Auxiliary Corps
as created by Republic Act No. 3835, as amended shall be integrated to their
respective Component Service. For this purpose, RA 3835 is hereby repealed.
Further, the number of female personnel in the AFP, notwithstanding provision of
relevant laws, shall be prescribed by the Secretary of National Defense.


CHAPTER 5 — MILITARY EDUCATION AND TRAINING INSTITUTIONS

SECTION 47. Organization, Mission and Function. - (a) The Philippine
Military Academy (PMA), Command and General Staff College (CGSC), Officer
Candidate Schoo! (OCS), Non-commissioned Officer Academy and other Military
Education and Training Institutions organized and established by the CSAFP with the
approval of the Secretary of National Defense shall be under the command, control
and direction of their Military Education and Training Superintendent/Commandant

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

SECTION 48. The Philippine Military Academy. —

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

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

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

(d) Cadet Corps. - The student body of the Academy shall be known as the
Cadet Corps Armed Forces of the Philippines (CCAFP) and shall have such strength,
as the Secretary of National Defense shall determine, upon the recommendation of
the CSAFP.

(@) 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) The Superintendent shall serve for a minimum term of 2 years and
maximum of 3 years unless otherwise promoted to the next higher position and
without prejudice to compulsory retirement age as provided in this Act: Provided, That
no Officer shall be appointed as Superintendent if that officer has less than two (2)
years remaining in the active service: Provided further, That the Superintendent may

16


be removed by the President as Commander in Chief at any time before the end of
the term of 3 years.

(g) Board of Visitors. The PMA shall establish a board of visitors to look into
the academic affairs of the Academy with the end of enhancing its educational
systems. The 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.

SECTION 49. Authority to Establish Other Military Training Institutions. -
The President, upon the recommendation of the CSAFP through the Secretary of
National Defense, is hereby authorized to establish other military training academies
and institutions in the AFP.

B, RECRUITMENT, PROMOTION AND CAREER DEVELOPMENT
CHAPTER 1 — COMMISSIONED OFFICERS

SECTION 50. Qualifications, - All persons commissioned as officers in the
Regular Force shall be natural bom citizens of the Philippines, of legal age, of good
moral character, physically and mentally qualified for active military service, and shall

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

SECTION 51. 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

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

SECTION 52. Revocation of Commission. - The commission of an officer
may be revoked by the President at any time, upon the recommendation of the
Secretary of National Defense when found not fully qualified for such commission or
who lacks any of the qualifications prescribed by law or regulation.

SECTION 53. Officer Grade Distribution. —The Secretary of National
Defense shall prescribe the authorized number of officers in the Regular Force in each

grade in each Component Service in accordance with the Table of Organization and
Equipment.


SECTION 54. Distribution of General/Flag Officers. - The number of
general/flag officers herein authorized shall be distributed to the various general/fiag
officer grades by the Secretary of National Defense based on the recommendation of
the CSAFP in accordance with the Table of Organization and Equipment.

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

SECTION 56. AFP Promotion System. —

(a) The AFP Promotion System shall be governed by the principle that as officers are
promoted from one grade to the next higher grade, the criteria of competence,
merit and potentials are the primary consideration.

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

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

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

SECTION 57. Promotion to General/Flag Officer Grades. - No officer shall
be promoted to the rank of Brigadier General/Commodore or higher unless there is an
existing vacancy and the officer is occupying a position in the Table of Organization
and Equipment that requires the rank for which he is being considered for promotion or
assignment.

SECTION §8. Maximum Tenure in Rank. - The maximum tenure of officers in
the ranks of Colonel/Captain and General/Flag Officer in the AFP are hereby
prescribed as follows:

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


Unless earlier separated or retired or promoted to the next higher rank or
occupying @ position calling for the ranks of higher grade in the AFP TO8E,
Colonels/Captains and Generals/Flag Officers shall be compulsorily retired upon the
attainment of the maximum tenure in rank herein prescribed, or upon reaching the age
‘of compulsory retirement, whichever is earlier, except for those, who may be allowed
by the President to finish tenure in position as recommended by the Secretary of
National Defense.

SECTION 59. Determination and Allocation of Key Positions. — The
Secretary of the Department of National Defense upon the recommendation of the
CSAFP shall determine and allocate the number of key positions among the
component services, headquarters and support units of the AFP based on the
technical nature of the organization, position, task, scope and area of responsibilities,
equipage, prevailing Defense Condition and other considerations as the exigencies of
the service may require.

CHAPTER 2 — WARRANT OFFICERS

SECTION 60. Qualifications for Appointment. - Any natural born citizen of
the Philippines, of legal age, physically and mentally fit for military service, of good
moral character, and possessed of such educational attainments and specialized
skills or expertise as may be prescribed by the Secretary of National Defense, may
be appointed in the Regular Force.

SECTION 61. Appointments in the Regular Force. — Warrant Officers shall
be appointed by the Secretary of National Defense.

SECTION 62. Revocation of Appointment. — The appointment of an officer,

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

SECTION 63. Warrant Officer Management. — The Secretary of National
Defense shall prescribe the special career management, employment, grades, rank
and authorized number of warrant officers in the Regular Force in each grade in each

Component Service in accordance with the operational and organizational needs of
the AFP.

CHAPTER 3 - ENLISTED PERSONNEL

SECTION 64. Qualifications for Enlistment. - Any natural born citizen of the
Philippines, of legal age, physically and mentally fit for military service, of good moral
character, and possessed of such educational attainments as may be prescribed by


the Secretary of National Defense, may be enlisted in the Regular Force under the
following restrictions:

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

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

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

SECTION 65. Enlisted Ranks. — The ranks of enlisted personnel in the AFP
shall be in accordance with the guidelines set forth by the CSAFP. The total number
of enlisted personnel in the enlisted ranks and non-commissioned officer grades shall
be prescribed by the CSAFP in accordance with the number of authorized positions
in the approved Table of Organization & Equipment.

SECTION 66. Enlistment and Career Development of Enlisted Personnel
System. - The Secretary of National Defense shall, upon the recommendation of the
CSAFP, prescribe the guidelines, which shall govern the procurement, enlistment,
training, promotion and discharge or separation of all enlisted personnel in the AFP.

SECTION 67. Authority to Promote and Demote. — The authority to promote
and demote Enlisted Personnel shall be prescribed by the CSAFP.

C. RETIREMENT AND SEPARATION

SECTION 68. Retirement and Separation. ~ Retirement, whether compulsory
or optional, and separation from military service, shall conform with existing laws, rules
and regulations without prejudice to the provisions of this Act.

SECTION 69. Recall from Retirement. — An Officer, Warrant Officer or
Enlisted Personnel who retired from the active service, may be recalled to active duty
by the President during national mobilization and shall be subject to the Articles of
War. They shall be recalled in the last permanent rank held before retirement.

SECTION 70. Retirement and Separation Benefits. — Congress shall allocate

funds for the retirement and separation benefits as according to existing laws, rules
and regulations.

20


SECTION 71. Attrition System. —

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

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

SECTION 72. Effect of Loss of Filipino Citizenship. ~ Pursuant to existing
laws, any retired military personnel, receiving retirement and pension benefits
pursuant to the provisions of this Act, who loses his/her Filipino citizenship shall no
longer be entitled to receive pension and retirement benefits. The survivors of any
retired military personnel who lose his Filipino citizenship shall no longer be entitled
to receive survivorship benefits.

1D. ADMINISTRATION OF MILITARY JUSTICE SYSTEM
SECTION 73. Military Justice. —

(a) Except as otherwise provided in this Act, enforcement of discipline and
military justice shall be governed by applicable laws and administrative issuances as
prescribed by the President upon recommendation of the Secretary of National
Defense.

(b) There shall be reduction in grade, demotion of rank, suspension of active
service, and forfeiture, suspension, or withholding of pay and allowances of Officers,
except those ranks confirmed by Commission on Appointments, found administratively
liable. The procedure, extent or system of which shall be prescribed by the President
as recommended by the Secretary of National Defense.

(c) Procedure, extent or system of reduction in grade, demotion of rank,
suspension of active service, and forfeiture, suspension or withholding of pay and
allowances of Warrant Officers and Enlisted Personnel found administratively liable
shall be prescribed by the Secretary of National Defense as recommended by the
CSAFP.

E. LEGAL ASSISTANCE

SECTION 74. Extension of Legal Assistance. - All military personnel charged
of service-related or service-connected administrative, civil or criminal offenses, upon
approval of their Chiefs of Component Services, shall be provided adequate legal
representation and assistance by military lawyers or counsel of their own choice until

21


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

ARTICLE Ill - THE RESERVE FORCE
CHAPTER 1 - GENERAL PROVISIONS

SECTION 75. Organization of the Reserve Force. - The organization of the
Reserve Force shall conform to projected and actual needs as determined by the
Secretary of National Defense upon the approval by the President. The Table of
Organization and Equipment of the Reserve Force shall be prescribed by the
Secretary of National Defense upon recommendation of the CSAFP.

SECTION 76. 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;

CHAPTER 2 - COMPOSITION OF THE RESERVE FORCE

SECTION 77. Composition.- The Reserve Force shall have three (3)
components, namely:

a. The Army Reserve Component;
'b. The Air Force Reserve Component; and
c. The Navy Reserve Component.

SECTION 78. Affiliated Reserve Units. — Affiliated Reserve Units (ARUs) are
private and government entities, corporations, establishments and organizations at the
national, provincial, city and municipal levels which provide essential public and
strategic services necessary to support the prosecution of national defense plans or
to meet an emergency. ARUs shall belong to any of the Reserve Force Components.

SECTION 79. Call to Active Duty of the Reserve Force. ~ Reservists may be
called to active duty for training and/or deployment as prescribed by the CSAFP as
approved by the Secretary of National Defense.

TITLE Itt

OTHER BUREAUS AND AGENCIES UNDER THE DEPARTMENT
ARTICLE | - GENERAL PROVISIONS

SECTION 80. Supervision and Control. - The Secretary of National Defense
shall exercise supervision and control over the bureaus and agencies under this Title,
as well as its personnel.

22


SECTION 81. Organization. —

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

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

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

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

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

SECTION 82. 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 I
THE GOVERNMENT ARSENAL

SECTION 83. Mandate. - The Government Arsenal shall develop, operate,
maintain and secure facilities for the manufacture of weapons, munitions and other
defense materiel to support the requirements of the AFP, Philippine National Police
(PNP) and other law enforcement agencies; and, to sell and export products in excess
of the local demand.

SECTION 84. Power and Functions. — The Government Arsenal shall have
the following powers and functions:

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


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

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

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

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

SECTION 85. Organization and Administration. — The Goverment Arsenal
shall be headed by a Director with one or more Assistant Directors who shall support
the Director in the administration, manufacturing operations and other affairs of the
bureau; all of whom shall be appointed by the President upon the recommendation
from the Secretary of National Defense, and who shall have the relevant expertise,
training and experience in the field of munitions.

SECTION 86. Modernization of the Arsenal. — The modernization of the
Government Arsenal, for the development of production capabilities to enhance self-
sufficiency in defense requirements, shall be part of the defense modernization
program. The Government Arsenal may use such production facilities as it may own
‘or be provided with under this Act or as it may arrange, under joint venture, co-
production or similar agreements with local and foreign entities.

ARTICLE til
NATIONAL DEFENSE UNIVERSITY OF THE PHILIPPINES

SECTION 87. Transformation of the NDCP. — In view of the rapidly evolving

national and regional security environment, the current academic trends and research
thrusts of defense institutions in the Asia Pacific, and the increasing need for
specialized defense and security courses to enhance the academic foundation of
promoting Philippine national security, The National Defense College of the
Philippines (NDCP) is hereby transformed into the National Defense University of the
Philippines (NDUP) categorized as a special higher education institution. To ensure
the continuous operation of the College, all its personnel and resources shall be
absorbed by the NDUP.

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

24


SECTION 88. Mandate. — In accordance with the standards set forth in
pertinent laws and regulations on higher education, the NDUP shail train and develop
the competence of potential national defense leaders, civilian officials of the different
agencies and instrumentalities of the Government, and selected executives from the
private sector in the formulation and review of national security policies and undertake
research and studies as basis for the formulation of national defense and security
policies, plans and programs. The NDUP shall be headed by a President, and assisted
by an Executive Vice President, and four (4) Vice-Presidents, all of whom shall be
appointed by the President of the Philippines, upon the recommendation of the
Secretary of National Defense. The NDUP President shall have a term of six (6) years.

SECTION 89. Powers and Functions. — The University shall have the
following powers and functions:

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

b. Develop and Confer other baccalaureate, master's, and doctorate degrees
on defense and security; and

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

SECTION 90. Organization and Administration. —
(a) The NDUP President shall administer the affairs of the University.

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

(c) There shall be a Vice-President for Academic Affairs, who shall be
responsible for the development, implementation, supervision and evaluation of
academic programs; a Vice-President for Strategic Studies and Policy Formulation,
who shall be responsible for the conduct and supervision of research and special
studies and policy formulation and review for the Department; a Vice-President for
Military Affairs, who shall be responsible for the overall military activities of the
University; a Vice-President for Administration, who shall be responsible for the
overall administrative support to all the activities of the University and such other

officials as may be required by the University subject to the approval of the Secretary
of National Defense.

25


(@) The University shall have an Academic Board to assist the President
discharge 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 NDUP President subject to the approval of the Secretary of
National Defense.

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

(d@) The Secretary of National Defense may establish a Council of Fellows
in the University to assist and advise him in providing strategic direction and guidance
necessary to ensure the accomplishment of the mandate of the University.

SECTION 91. Graduates of the Regular Course of the University. — All
graduates of the University shall be conferred the degree of Master in National
Security Administration (MNSA). Civilian graduates of the MNSA program shall
receive an initial rank of Lieutenant Colonel/Commander in the Reserve Force subject
to existing AFP regulations. The MNSA or its equivalentin 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).

SECTION 92. Transition. - The SND shall determine the appropriate transition
period for NDCP to attain the status and competency of becoming a university.
Further, Congress shall allocate the necessary funds for the transformation of NDCP
to NDUP.

ARTICLE IV
OFFICE OF CIVIL DEFENSE

SECTION 93. Mandate. -The Office of Civil Defense (OCD) shall have the

primary mission of administering a comprehensive national civil defense and disaster
risk reduction and management program during local and national emergencies by

26


providing leadership in the continuous development of strategic and systematic
approaches as well as measures to reduce the vulnerabilities and risks to hazards and
manage the consequences of disasters.

SECTION 94. Powers and Functions. - The Office shall have the following
powers and functions:

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

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

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

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

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

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

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

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

i. Perform such other civil defense functions as may be provided by law.
SECTION 95. 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

27


and privileges of a department undersecretary. It shall operate under a duly approved
organization and staffing as recommended by the Secretary of National Defense.

ARTICLE V
PHILIPPINE VETERANS AFFAIRS OFFICE

SECTION 96. Mandate. - The Philippine Veterans Affairs Office shall be the
government agency responsible for administering the benefits due to veterans, their
heirs and beneficiaries and shall provide medical care and treatment to veterans
pursuant to existing laws. It shall also administer, maintain and develop military
memorials and battle monuments proclaimed as national shrines.

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

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

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

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

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

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

SECTION 98. Organization. - The Philippine Veterans Affairs Office shall be
headed by an Administrator who may be assisted by one or more Deputy
Administrators, all of whom shall be appointed by the President upon the
recommendation of the Secretary of National Defense. It shall have such staff and
other operating units as may be prescribed by the Secretary of National Defense.

FINAL PROVISIONS

SECTION 99. Implementing Rules and Regulations. - The DND shall
formulate the Implementing Rules and Regulations (IRR) for proper implementation
of this Act within twelve (12) months from the effectivity hereof. The said rules and
regulations shall be approved by the President of the Philippines.

SECTION 100. Appropriations. - The amount necessary to carry out the
provisions of this Act is hereby appropriated in the General Appropriations Act of the

28


year following its enactment into law. Thereafter, such sums as may be necessary for
its continued implementation shail be included in the annual General Appropriations
Act.

SECTION 101. Separability Clause. - If any part or provision of this Act is held
invalid or unconstitutional, other provisions not affected thereby shall remain in force
and effect.

SECTION 102. Repealing Clause. — All laws, Executive Orders, Presidential
Decrees, rules and regulations inconsistent herewith are deemed modified and
Tepealed accordingly. All affected provisions of existing laws are deemed effective
until such promulgation of the IRR.

SECTION 103. Effectivity Clause. - This Act shall take effect fifteen (15)
days upon its complete publication in the Official Gazette or in at least two (2)
newspapers of general circulation, whichever comes first.

Approved,

29