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EIGHTEENTH CONGRESS
First Regular Session

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House Bill No.

Introduced by REPRESENTATIVE LUCY TORRES GOMEZ

EXPLANATORY NOTE

One of the priority measures of the administration during the
Seventeenth (17%) Congress was the re-institutionalization of the Reserve
Officers Training Corps (ROTC) Act - Substitute Bill No. 8961. Unfortunately,
for lack of material time, this very laudable piece of legislation was not enacted
into law.

Today, the restoration of the ROTC Program via legislation assumes even
greater urgency and importance in the light of the continuing threats to our
sovereignty.

‘The bill, as presently drafted, contains sufficient safeguards to prevent
abuse in its implementation. It now guarantees respect for human rights and
adherence to the Constitution. It proscribes hazing and other abuses. It
stipulates the creation of a grievance board and provides for the liability of
erring educational institutions and personalities.

Some people might argue that patriotism could not be taught, neither
may the youth be trained into it. That patriotism arises from one’s pride of
his heritage and belongingness. And that may be true, at least in the direct
and immediate sense. But what would you say of a citizen who is aware that
his country does not have the means to defend itself? Would that citizen be
proud of such a country? Perhaps, training our youth in the arts of war is
one of the better ways to keep the peace. By having an able and well-trained
citizen armed force, we have greater chance of deterring possible outside
aggression. For there is no one route towards patriotism - it may not
instantly grow into us. Sometimes, we need to take the long and tedious



road to instilling it among our youth. The ROTC bill, it is believed, precisely

does that - by teaching our young people the how, the why and the
wherefores of bearing arms.

For the foregoing reasons, the early approval of this bill is earnestly

sought
HON. pes ng GOMEZ

Repredentative
Fourth District, Province of Leyte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. lay

Introduced by REPRESENTATIVE LUCY TORRES GOMEZ

AN ACT
MANDATING THE INSTITUTIONALIZATION, DEVELOPMENT,
TRAINING, ORGANIZATION AND ADMINISTRATION OF BASIC
RESERVE OFFICERS TRAINING CORPS (ROTC) IN GRADES 11 AND
12 IN PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7077,
OTHERWISE KNOWN AS THE “CITIZEN ARMED FORCES OF THE

PHILIPPINES RESERVIST ACT, 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) Act.”

Sec. 2. Declaration of Constitutional Policy

‘y. - The prime duty of the
government is to serve and protect the people. The government may call
upon the people to defend the State and, in the fulfillment thereof, all

citizens may be required, under conditions provided by law, to render
Personal military or civil service. In the same manner, the State recognizes
the vital role of the youth in nation-building, and shall promote ovic
consciousness among the youth and shall develop their physical, moral,
spiritual, intellectual and social well-being. It shall inculcate in the youth

patriotism, 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 government's law enforcement strategy against
crimes, by creating a pool of trained reservists.

Sec. 3, Coverage. -The conduct of military training under the ROTC
shall apply to all students in Grades 11 and 12 in all senior high schools in
public and private educational institutions.

Sec. 4. Establishment of ROTC Program in all Public and Private
Educational Institutions,

a. There is hereby established a mandatory two (2) year Basic ROTC
program for students enrolled in Grades 11 and 12 which shall form
part of the basic curricula for the Senior High School Education in
public and private educational institutions in pursuance to the
provisions of the National Defense Act and the 1987 Constitution, with
the objective of producing well-trained and prepared reservists for
military and civic service. The ROTC training is aimed to instill
patriotism, love of country, moral and spiritual virtues, respect for
human rights and adherence to the Constitution. In no way shall
the ROTC be used for political aims, to teach and instill a particular
ideology, and as a mechanism for hazing and abuse.

b. The ROTC shall include the following program of instruction:

(1) Enhancing the students’ consciousness 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:

(2) Basic military training for students in order to motivate, train,
organize organize and utilize for national defense preparedness or civil”
military operations;

(3) Civic training for students in order to be active participants
and volunteers for the development and improvement of health,
education, ecology and environmental protection, disaster risk
reduction and management, human and civil rights awareness and
law enforcement.

Any students who fails to undergo the mandatory Basic ROTC in
accordance with this Act shall not be qualified for graduation. In
addition thereto, the non-taking of Basic ROTC by any student shall
be a ground for Compulsory Military Training in pursuance to Section
14 of Republic Act No. 7077. Any educational institution that fails to
institute and implement the ROTC Program in pursuance to this Act
shall be subject to disciplinary and administrative sanctions as the


Department of Education (DepEd), Commission on Higher Education
(CHED) and Technical Education and Skills Development Authority
(TESDA) mat impose.

d. Guided by the provision of Section 4(b) hereof, the Department of
National Defense (DND), DepEd and TESDA, 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 (P01) on the Basic ROTC Program
in Grades 11 and 12, within sixty (60) days from approval of this
Act, and shall jointly issue the implementing rules and regulations
for the effective implementation of the provisions of this Act.

Sec. 5. Students Exempted from this Act. - The following may be
exempted from the coverage of this Act:

a Those who are physically or psychologically unfit, as certified by
the Armed Forces of the Philippines (AFP) Surgeon General or his
authorized medical officer, in pursuance to the recommendation
of the educational institutions where the concerned student is
enrolled.

s

. Those who have undergone or are undergoing similar military
training.

c. Those who were chosen by their school to serve as the schools
varsity players in sports competitions, and

d. Those who may be exempted from training for valid reasons
as approved by the DND, upon recommendation by any
educational institution where the concerned student is enrolled.

Sec. 6. Acceptance for Advance ROTC, — Students who volunteer
for Advance ROTC Program in universities, colleges, vocational schools
and other tertiary institutions shall be governed by Section 40 of
RA 7077 or the Citizen Armed Forces of the Philippines Reservist Act.
The provisions of Sections 42 and 43 of RA 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

Sec. 7. Organization, Operation and Maintenance of ROTC Units. — The
organization, operation and maintenance for the establishment of
ROTC shall be in accordance with Sections 41 and 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 DepEd and TESDA, shall prescribe the
organization and operational manual of ROTC units in public and
private educational institutions for Grades 11 and 12: 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 ROTC Program within the Reserve Commands of the
AFP in coordination with the DepEd and TESDA.

Sec. 8. Incentives for Undergoing ROTC Program, —

a. Subject to other requirements prescribed by rules and regulations,
graduates of Basic ROTC shall be eligible for
commissionship/lateral entry and enlistment in the AFP,
Philippine National Police (PNP), Philippine Coast Guard (PCG),
Bureau of Jail Management and Penology (BJMP), and Bureau of
Fire Protection (BFP) unless a waiver is issued by the
Department Secretaries of the aforementioned military and
civilian armed services,

s

Students undergoing Basic ROTC 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 should be provided by the school where the
students are enrolled.

c. Students undergoing Basic and Advance ROTC shall be given
access and privileges with any AFP Commissary and PX
Stores nationwide. The Chief of Staff of the AFP shall issue the
necessary regulations for the implementation of this privilege.

Sec. 9. The ROTC Grievance Board. - There shall be created a Reserve
Officers Training Corps (ROTC) Grievance Board composed of one (1)
representative from the DND and two (2) representatives from the DepEd
with he more senior representative from the DepEd as chairperson. These
representatives shall be appointed for their known integrity, probity and
independence.

The ROTC Grievance Board shall have the following powers:



(a) _ Investigate and resolve any and all complaints, in any form,
involving corruption and abuse, in the ROTC Program;

(b) Ensure that the ROTC Program be free from politicization and
from being used to instill a particular ideology; and

(c) Recommend policies and reforms to ensure adherence of the
ROTC Program to the Constitution and all laws penalizing abuse in
any form.

All decisions of the ROTC Grievance Board shall be appealable to the
Office of the President.

Sec. 10. Liability of the Educational Institution. - The instructor or
faculty-in-charge of the ROTC shall be responsible for monitoring the
activities involved in the ROTC. The instructor or faculty-in-charge must
be a duly recognized active member in good standing of the faculty at the
school in which the ROTC course is being implemented.

The school or the university and its administrators shall exercise
special parental authority and supervise the implementation of the ROTC.

In case of violation of any of the provisions of this Act and other
related laws, the instructor or faculty-in-charge and the school or
university and its officials shall be responsible and liable for any damage
or injury caused to a student.

Sec. 11. Funding. — The funding requirement to implement the
establishment, maintenance and operations of the ROTC Program shall be
included in the budget of the implementing agencies/departments in the
annual General Appropriations Act.

Sec. 12. Separability Clause. - If any provision of this Act is held
invalid or unconstitutional, the other provisions not so declared shall
remain in force and in effect.

Sec. 13. Repealing Clause. ~ Pertinent provisions of Republic Act No. 7077 or
the Citizen Armed Forces of the Philippines Reservist Act and all other laws,
decrees, executive orders, rules and regulations contrary to or inconsistent
with the provisions of this Act are hereby repealed or amended accordingly.

Sec. 14. Effectivity Clause. — This Act shall take fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.