Republic of the Philippines

HOUSE OF REPRESENTATIVES DATE September 1, 2022

Quezon City TIME 8:05am

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4308

Introduced by Representative Rex Gatchalian

AN ACT
REINSTITUTING MANDATORY BASIC RESERVE OFFICERS TRAINING CORPS
(ROTC) IN ALL PUBLIC AND PRIVATE COLLEGES, UNIVERSITIES AND
SIMILAR INSTITUTIONS OF LEARNING, FURTHER AMENDING REPUBLIC ACT
NO. 7077, OTHERWISE KNOWN AS THE “CITIZEN ARMED FORCE OR ARMED
FORCES OF THE PHILIPPINES RESERVIST ACT”, AS AMENDED BY REPUBLIC
ACT NO. 9163, OTHERWISE KNOWN AS THE “NATIONAL SERVICE TRAINING
PROGRAM” AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

In the Declaration of Principles and State Policies, our Constitution states that
the government may call upon the people to defend the State and, in the fulfillment
thereof, all citizens may be required, under conditions required by law, to render
personal military or civil service. At the same time, the State recognizes the vital role
of the youth in nation-building and seeks to promote and protect their physical,
moral, spiritual, intellectual and social well-being. It also seeks to inculcate in the
youth patriotism and nationalism, and encourage their involvement in public and

civic affairs.

Pursuant to these principles, this bill is being filed to reinstitute the
mandatory two (2) year basic Reserved Officers Training Corps (ROTC) program for
students enrolled in all public and private colleges, universities, and similar
institutions of learning. Since the mandatory ROTC program was removed as a pre-
requisite for graduation, the Association of Generals and Flag Officers, Inc. opined
that, “the present National Service Training Program that became the alternative
program for the ROTC, are deemed insufficient to inculcate the values of discipline and
patriotism required and do not address the military training ideally required of every

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As it is the youth of today who will lead the nation in the future, it is vital for
the nation to instill in them the importance of discipline. Discipline is a foundational
attribute necessary to succeed in any endeavor, and this is doubly true in nation-
building. The successful inculcation of this skill will determine whether they, as a
generation, will hit the ground running or tap the snooze button every time the
country is faced with challenges.

The reinstitution of the mandatory basic ROTC program for all students in
colleges, universities, and similar institutions of learning will inculcate this kind of
discipline in our youth through the enhancement of the values of leadership,
camaraderie, and sacrifice for common objectives. The program will also be designed
around the ideals of patriotism and nationalism, all while emphasizing respect for
human rights and the strengthening of ethical and spiritual values. The ROTC
program will also put a premium on disaster preparedness and capacity-building for
risk-related situations ~ skills that become increasingly necessary as the country
bears the brunt of climate change, among other internal and external threats,

To protect our youth from the abuses prevalent in ROTC programs of the past,
the bill mandates the establishment of grievance committees that shall receive
complaints or motu proprio conduct investigations on any complaint or allegation of
abuse, violence or corruption in any educational institution implementing the basic
ROTC program.

If done right, the standards of discipline, love for country, disaster
preparedness and basic military training are valuable at any given time. This
generation of Filipino youth thus stand to benefit immensely from this endeavor.

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

duh

IN. REX GATCHALIAN
Representative
District, Valenzuela City



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Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session
HOUSE BILL wo.4308
——
Introduced by Representative Rex Gatchalian
—————————————
AN ACT
REINSTITUTING MANDATORY BASIC RESERVE OFFICERS TRAINING CORPS
(ROTC) IN ALL PUBLIC AND PRIVATE COLLEGES, UNIVERSITIES AND
SIMILAR INSTITUTIONS OF LEARNING, FURTHER AMENDING REPUBLIC ACT
NO. 7077, OTHERWISE KNOWN AS THE “CITIZEN ARMED FORCE OR ARMED
FORCES OF THE PHILIPPINES RESERVIST ACT”, AS AMENDED BY REPUBLIC

ACT NO. 9163, OTHERWISE KNOWN AS THE “NATIONAL SERVICE TRAINING
PROGRAM” AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. - This Act shall be known as the “Reserve Officers
Training Corps (ROTC) Reinstitution Act of 2022.”

SEC. 2. Declaration of Policy. - It is the policy of the State to serve and
protect the people. The government may call upon the people to defend the State and,
in fulfillment thereof, all citizens may be required, under conditions provided by law,
to render personal, military or civil service. The State recognizes the role of the youth
in nation-building and shall promote and protect their physical, moral, spiritual,
intellectual and social well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public and civic affairs.

Towards this end, the State shall enhance the capacity of the nation to
produce the needed manpower and to expand its human resources in times of war,
calamities and disasters, national or local emergencies, and in support to the law
enforcement strategy of the government against crimes by creating a pool of trained

reservists.



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SEC. 3. Definition of Terms. - As used in this Act, the following terms are
defined as follows:

. Advance Reserve Officers’ Training Corps (ROTC) refers to the optional

and enhanced two (2)-year ROTC course after the completion of basic
ROTC offered in colleges, universities, and similar institutions of
learning.

. Basic ROTC refers to the mandatory two (2) year basic leadership and

military training program for students enrolled in colleges, universities
and similar institutions of learning.

. Clustered ROTC Unit refers to two or more educational institutions that

are strategically grouped together for the purpose of holding ROTC
classes in one location.

|. Grievance committee refers to an independent body that is tasked to

investigate any complaint or allegation of abuse, violence or corruption
in any clustered ROTC unit or any educational institution
implementing the ROTC program.

National grievance committee refers to the appellate body that has
jurisdiction to hear appeals on the findings and recommendations of
any local grievance committee.

Private educational institutions refer to colleges, universities, and
similar institutions of learning maintained and administered by private
individuals or groups.

- Public educational institutions refer to colleges, universities, and similar

institutions of learning that are established and administered by the
government.

. Registration refers to the act of recording the name and other relevant

information of students who have completed the ROTC program on the
official list of ROTC graduates. Provided, That the registration that is


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referred to under this Act shall not be construed as enlistment in the
Armed Forces of the Philippines (AFP) Reserve or Regular Force.

i. Reserve force refers to the organization of trained reservists under the
command of the AFP who may be called for duty in the event of war,
invasion or rebellion; to assist in relief and rescue during disaster or
calamities; to assist in socioeconomic development; and to assist in the
operation and maintenance of essential government or private utilities
in the furtherance of overall mission.

SEC. 4. Coverage of this Act. - The conduct of basic military and
leadership training under the ROTC shall apply to all students enrolled in colleges,
universities and similar institutions of learning.

SEC. 5. Abolition of the National Service Training Program. - The
National Service Training Program (NSTP} created under Section 4 of Republic Act
No. 9163, otherwise known as the “National Service Training Program (NSTP) Act of
2001,” is hereby abolished.

SEC. 6. Reversion of the Special Scholarship Program Fund. - All
unutilized funds under the Special Scholarship Program established by virtue of
Section 9, of Republic Act No. 9163 shall revert to the respective general funds of the
Commission on Higher Education (CHED) and Technical Education and Skills
Development Authority.

SEC.7. Reinstituting Mandatory Basic Reserve Officers’ Training
Corps (ROTC) Program in all colleges, universities and similar institutions of
learning.

(A) The mandatory two (2)-year basic ROTC program for all students
enrolled in colleges, universities, and similar institutions of learning is
hereby reinstituted. The basic ROTC program shall be a requirement
for graduation and shall form part of the curricula of all public and
private colleges, universities, and similar institutions of learning
pursuant to the provisions of the National Defense Act, Revised
Administrative Code of 1987, and the 1987 Constitution, with the


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(B)

objective of producing well-trained and prepared reservists for military

and civic service. The basic ROTC program is aimed to instill patriotism,
love for country, moral and spiritual virtues, respect for human rights
and adherence to the Constitution.

The basic ROTC program, instituted as part of the curricula shall be

administered in accordance with the following modules:

@

(i)

(iv)

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

Basic military training for students in order to motivate, train,
organize and utilize for national defense preparedness or civil-
military operations: Provided, That no student below the age of
eighteen (18) years shall take a direct part in hosti

ities;

Civic training for students in order to be active participants and
volunteers for the development and improvement of health,
education, ecology and environmental protection, human and
civil rights awareness and law enforcement; and

Preparedness during actual disaster response operations on
needs assessment, improved skills for search, rescue and relief
operations, and early recovery activities. Integration of capacity-
building acti
order for students to be proactive in lessening the socio-

ies revolving around risk-related situations in

economic and environmental impacts of disasters including
climate change. These capacity building activities will help build
understanding and skills with the end in view of applying
disaster risk reduction and management principles, concepts,

and concrete action steps towards building resilience.


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(c)

(D)

Any student who fails to undergo the mandatory basic ROTC program
in accordance with this Act shall not be qualified for graduation. In
addition thereto, the failure to complete the basic ROTC program by
any student shall be a ground for Compulsory Military Registration and
Training pursuant to Section 14 of Republic Act No. 7077, otherwise
known as the “Citizen Armed Force or Armed Forces of the Philippines
Reservist Act’.

Guided by the provisions of Section 5(b) hereof, the Commission on
Higher Education (CHED) and the Department of National Defense
(DND), in consultation with other relevant government agencies and
private stakeholders as the Secretary of National Defense may
determine, shall design and formulate the Program of Instruction (PO!)
on the Basic ROTC program in Grades 11 and 12.

SEC. 8. Students Exempted from this Act. - The following students are
exempted from the coverage of this Act:

(A)

8)

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(D)

Those who are physically or psychologically unfit, as certified by the
AFP Surgeon General or his authorized medical officer, in pursuance to
the recommendation of the educational institution where the concerned
student is enrolled;

‘Those who have undergone or are undergoing similar military training;

Those who were chosen by their school to serve as varsity players in
sports competitions; and

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

SEC.9. Advance ROTC. - ROTC training in addition to the first two (2)
years of basic ROTC training shall continue to be known as advance ROTC. Advance
ROTC shall continue to be voluntary and optional.


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The provisions of Section 42 and 43 of Republic Act No. 7077 in terms of
training, uniforms and supplies, and the scholarship incentive shall remain effective
and applicable for those accepted in the advance ROTC course. It shall be mandatory
for all public and private universities, college, and similar learning institutions to
offer and provide a training school for the advance ROTC program which shall have
a duration in accordance with the curriculum prescribed by the DND and the
Commission on Higher Education (CHED).

The DND, in coordination with the CHED, shall prescribe the curriculum for
Advance ROTC and the program of instruction in pursuance to the applicable
provisions of Republic Act No. 7077.

SEC. 10. Organization, Operation, and Maintenance of ROTC Units. —
The organization, operation and maintenance for the establishment of the Basic
ROTC Program shall be in accordance with Section 41 and Section 42 of Republic
Act No. 7077 which shall remain effective and operative unless inconsistent with this
Act. The Secretary of National Defense, in consultation with the CHED, shall
prescribe the organization and operational manual of ROTC units in public and
colleges, universities and similar educational institutions: Provided, That such
educational institutions shall be required to provide an adequate office for the ROTC
administrative staff assigned thereat.

The AFP shall create an office dedicated to the supervision and administration
of the Basic ROTC Program within the Reserve Commands of the AFP in coordination
with the CHED.

SEC. 11. Registration in the Reserve Force. ~ Pursuant to Section 14 of
Republic Act No. 7077, a student who has completed the Basic ROTC Program in
shall immediately be registered in the Reserve Force or upon reaching the legal age
if the student completes the Basic ROTC Program before reaching the age of majority.

SEC. 12. Guidelines to Safeguard Students of the Basic ROTC Program.
~ In order for the proper and effective implementation of the Basic ROTC Program,
the following policies shall be adopted to prevent the occurrence of hazing, corruption
and other forms of abuses:


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(A)

(B)

(c)

(D)

The Basic ROTC Program prohibits hazing as defined under Republic
Act No. 8049, otherwise known as “An Act Regulating Hazing and Other
Forms of Initiation Rites in Fraternities, Sororities, And Other
Organizations and Providing Penalties Therefor” as amended by
Republic Act No. 11053, otherwise known as the “Anti-Hazing Act of
2018" and as such, adopts the penalties for any act committed under
the provisions of the said law;

Cognizant of the provisions under Republic Act No. 7610, otherwise
known as the “Special Protection of Children Against Abuse, Exploitation
and Discrimination Act", any physical, sexual or psychological abuse,
emotional maltreatment, or any act by deed which tends to degrade or
demean the dignity of a child/student is prohibited;

In case of school officials or employees of public or government
educational institutions, who shall accept any gift from any student, or
from any parent or guardian of the student, or who shall commit other
practices contemplated under Republic Act No. 3019, otherwise known
as the “Anti-Graft and Corrupt Practices Act’ and the Revised Penal Code
on Bribery and Corruption, the maximum penalty shall be imposed;
and

‘The penalties provided under the Revised Penal Code for the Crimes of
Bribery and Corruption shall be imposed upon school officials or
employees of private educational institutions who shall accept directly
or indirectly, any gift, in cash or in kind, from any student, or from any
parent or guardian of the student in relation to or pertinent with the
conduct of the basic ROTC program.

SEC. 13. Establishment of Grievance Committees. -

(A)

A grievance committee shall be formed from a cluster of educational
institutions that shall receive complaints or motu proprio conduct
investigations on any complaint or allegation of abuse, violence or


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6)

(c)

(D)

()

corruption in any educational institution implementing the basic ROTC
program.

Every grievance committee shall be composed of three members, to be
chosen by the Secretary of National Defense and the Secretary of
Education: one (1) District Commandant from the DND, one (1)
representative from the CHED, and one (1) Legal Officer from the
CHED.

The CHED and the DND shall formulate the manner by which the
educational institutions implementing the basic ROTC program shall
be clustered for the efficient resolution of grievances.

‘The grievance committee shall function as an independent investigative
body, which shall formulate the recommendation to the proper
disciplinary authority that has jurisdiction over the respondent,
depending on whether he or she belongs to the military for which
purpose, the Articles of War shall be employed. Whereas, for school
officials or employees of public and private educational institutions, the
provisions of Republic Act No. 6713, otherwise known as the “Code of
Conduct and Ethical Standards for Public Officials and Employees” and
other relevant laws on the matter shall be applied. This is without
prejudice to administrative cases that may be filed pursuant to the Civil
Service rules for public officers and employees involved in the
complaint.

Nothing herein shall prevent any person from filing directly with the
regular courts any incident of violation of Republic Act No. 11053.

SEC. 14. Powers and Duties of the Grievance Committee. — In view of the

(a)

laws providing protection for children, every grievance committee shall be pro-active
in its duty to:

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



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(0)

(E)

(F)

(G)

(4)

Motu proprio or upon a complaint filed by any person, investigate, any
act of hazing, violence, abuse and corruption in the clustered ROTC
unit;

Issue preventive suspension orders against officers of the ROTC or any
school employee involved in the training within three (3) days: (1) upon
receipt of the complaint; or (2) after initiation of the motu proprio
investigation, to preclude him from exerting undue influence over the
complainant and impede the normal course of the investigation;

Recommend the appropriate action for any offense committed in the
clustered ROTC unit to the proper disciplinary authority which has
jurisdiction over the respondent within fifteen (15) days upon receipt of

the complaint or after initiation of the motu proprio investigation;

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

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

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

Performs such other functions as may be provided by law.

SEC. 15. National Grievance Committee. - There is hereby established a
National Grievance Committee (NGC) composed of the Secretary of National Defense
or his or her permanent authorized representative, the Secretary of Education or his

or her permanent authorized representative, and the Secretary of Justice or his or

her permanent authorized representative.

‘The NGC shall receive appeals on petitions for review from the findings or

recommendation of any of the Grievance Committees. It shall provide the parties of

its decision within fifteen (15) days from the time of receipt of the petition. Any
resolution of the NGC shall be final.


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SEC. 16. Incentive for Undergoing the ROTC Program. —

(A) Subject to other requirements that may be prescribed by rules and
regulations, graduates of the advance ROTC shall be eligible for
commissionship or lateral entry and enlistment in the AFP, Philippine
National Police, Philippine Coast Guard, Bureau of Jail Management
and Penology, and Bureau of Fire Protection unless a waiver is issued
by the Department Secretaries of the aforementioned military and
civilian armed forces.

(B) Students undergoing the basic ROTC program and those accepted in
the ROTC advance course shall be provided with free hospitalization in
any government hospital in case of accident or injury during the
training. Mandatory insurance for students undergoing ROTC shall be
provided by the school where the students are enrolled.

(C) Students undergoing the advance ROTC program shall be given access
and privileges with any AFP Commissary. The Chief of Staff of the AFP
shall issue the necessary regulations for the implementation of this
privilege.

SEC. 17. Classification of ROTC Students Below the age of Majority. —
Students under the age of eighteen (18) years old who are enrolled in the basic ROTC
program shall be recognized as civilians in law.

SEC. 18. Capacity Development and Enhancement Program for Basic
ROTC Program Instructors. - There is hereby created and established a training
program for basic ROTC program instructors, to ensure that they meet the highest
physical and moral standards to teach and carry out the basic ROTC program. The
program shall be developed and administered under the guidance and tutelage of the
CHED and the DND.

A comprehensive training manual shall be developed for the conduct of these

trainings, incorporating among other things, gender-appropriate and child-sensitive
awareness, familiarity with relevant laws on the ROTC, Special Protection of

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Children, other domestic laws and international obligations necessary and
appropriate to guaranty the integrity and the highest standard of moral scruple for
the implementers of the basic ROTC program.

SEC. 19. Penal Provisions. - Offenses committed by persons involved in or
in relation to the implementation of this Act shall be subject to penalties in
accordance with the applicable laws, rules and regulations. Students undergoing the
Basic ROTC Program must not be subjected to military law.

SEC. 20. Transitory Provisions. - In order to manage the initial
implementation of the mandatory basic ROTC program, the CHED and the DND
shall, within six (6) months from the effectivity of this Act, design, institute and
implement a pilot program.

The CHED and the DND shall jointly submit an annual review and evaluation
report to Congress on the implementation of the pilot program. Upon review and
approval by Congress, the framework utilized under the pilot program shall become
the standard for the full national implementation of the basic ROTC program.

SEC. 21. Report to Congress. - The CHED and the DND shall conduct a
mandatory review for the implementation of this Act and submit an assessment
report to Congress on its impact and effectiveness not later than two (2) years from
its effectivity.

SEC. 22. Joint Congressional Oversight Committee. - There is hereby
created a Joint Congressional Oversight Committee (JCOC) to oversee, monitor, and
evaluate the implementation of this Act. The JCOC shall be composed of five (5)
members each from the Senate and from the House of Representatives with the
Chairpersons of the Committees on Basic Education of both houses as Co-
Chairpersons. The Chairpersons of the Committees on National Defense and Security
shall likewise be designated as members of the JCOC. The Speaker of the House of
Representatives and the President of the Senate shall designate the other three (3)
members of the JCOC and the House and the Senate, respectively, from among the
members of the Committees on Basic Education, one (1) member of which shall be
from the minority.

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SEC. 23. Appropriations. - The amount necessary for the implementation
of this Act shalll be charged against those authorized in the current appropriations
of the CHED and the DND. Thereafter, the amount necessary for its continued
implementation shall be included in the annual General Appropriations Act.

SEC. 24. Implementing Rules and Regulations (IRR). - Within ninety (90)
days from the effectivity of this Act, the DepEd and the DND shall issue the rules.
and regulations implementing its provisions. The Implementing Rules and
Regulations (IRR) issued pursuant to this section shall take effect thirty (30) days
after its publication in a newspaper of general circulation.

SEC. 25. Separability Clause. ~ If any provision of this Act is held invalid
or unconstitutional, the other provisions not so declared shall remain in force and
effect.

SEC. 26. Repealing Clause. - Republic Act No. 9135, Section 38 and Section
39 of Republic Act No. 7077, Section 4 of Republic Act No. 9163, and all other laws,
executive orders, presidential decrees, administrative orders, rules and regulations,
issuances, or parts thereof contrary to or inconsistent with any provisions of this Act
are hereby repealed or amended accordingly.

SEC. 27, Effectivity Clause. - Notwithstanding the non-issuance of the IRR,
this Act shall take effect fifteen (15) days after its publication in the Official Gazette

or in a newspaper of general circulation

Approved,

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