Republic
of the Philippines
Congress of the Philippines
Metro Manila
Eighth
Congress
Republic Act No. 7077
June 27, 1991
AN
ACT PROVIDING FOR THE DEVELOPMENT, ADMINISTRATION, ORGANIZATION, TRAINING,
MAINTENANCE AND UTILIZATION OF THE CITIZEN ARMED FORCES OF THE ARMED FORCES OF
THE PHILIPPINES AND FOR OTHER PURPOSES
Be it enacted by the Senate and
House of Representatives of the Philippines in Congress assembled:
ARTICLE
I
TITLE
Section 1. Title. — This Act shall be known as the "Citizen Armed
Forces of the Philippines Reservist Act."
ARTICLE
II
DECLARATION OF POLICY
Section 2. The Regular Force. — It is the policy of the State to maintain a standing or
regular military force in times of peace consonant to its adequate and actual
needs for the security of the State but which can be rapidly expanded by the
well-disciplined Citizen Forces in the event of war, invasion or rebellion.
Section 3. The Security and
Socioeconomic Development of the State.
— The Citizen Armed Force shall be provided maximum opportunity to participate
in safeguarding the security of the State and in assisting in socioeconomic
development.
Section 4. The Call to Personal
Military and Civil Service. —
The Citizen Armed Force shall be so organized, trained, developed and
maintained as to ensure their readiness to immediately respond to the call to
service.
Section 5. The Public Awareness. — The State shall promote and develop public support to and
awareness of the important role of the Citizen Armed Force as protector of the
people and the State.
Section 6. The Manpower of the
Citizen Armed Force. — The manpower
objective of the Citizen Armed Force shall conform to projected and actual
needs. It is not envisioned by the State to have a nation under arms, unless
extremely necessary.
ARTICLE
III
MISSION AND ORGANIZATION OF THE CITIZEN ARMED FORCE
Section 7. Mission. — The mission of the Citizen Armed Force, alternately
referred to as the Reserve Force, is to provide the base for the expansion of
the Armed Forces of the Philippines 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.
Section 8. Organization. — The Reserve Force shall be organized into five (5)
components, namely:
(1) The Army
Reserve Component;
(2) The Air Force
Reserve Component;
(3) The Navy
Reserve Component;
(4) The AFP-Wide
Technical Reserve Component; and
(5) The
Affiliated Reserves.
Section 9. Organization of
Reserve Components. — The
organization of each component of the Reserve Force and the manpower objective
of each component shall be as prescribed by the Secretary of National Defense
and approved by the President of the Philippines. The organization, structure,
manning and equipment of reserve units shall conform to the organization of the
regular force. Reserve units of a battalion type or equivalent shall be
organized on a provincial basis, and reserve units of a brigade and division
type or equivalent, on a regional basis. The organizational structure and
manning of the affiliated reserve units shall be prescribed by the Secretary of
National Defense and shall as much as possible conform to their existing
civilian organization.
Section 10. Affiliated Reserves. — As the President shall approved upon recommendation of
the Secretary of National Defense, certain private and government entities,
corporations, establishments and organizations at the national, provincial and
municipal levels which provide essential public services such as water, light,
transportation and communications which are necessary to support the
prosecution of national defense plans or to meet an emergency shall be
organized as affiliated units of the Reserve Force. These affiliated units
shall be constituted by appropriate orders to be issued by the Secretary of
National Defense, given unit designations and assigned to the appropriate
reserve components of the Armed Forces of the Philippines (AFP). The roster of
the officials and employees of these affiliated units shall be included in the
orders of constituting the units. These units shall be so utilized in times of
war or emergency to ensure the continuous and uninterruptedd
provision of the essential services they are rendering.
ARTICLE
IV
DEFINITION OF CITIZEN SOLDIERS
Section 11. Citizen Soldiers. — The citizen soldiers, alternately reserved to as
reservists, who compose the Reserve Force are those reservists of the Armed
Forces of the Philippines who are incorporated into the Reserve Force, as
follows:
(1) Graduates of
the Reserve Officers' Training Corps (ROTC) basic and advance courses who were
issued orders as enlisted reservists or reserve officers or the AFP;
(2) Graduates of
authorized basic military training instructions who, as a result thereof, were
issued orders as enlisted reservists or reserve officers;
(3) Ex-servicemen
and retired officers of the AFP and other armed forces that have diplomatic
relations with the Philippines who were honorably discharged or retired from
the service and who are Filipino citizens upon their applications;
(4) Recognized
World War II guerillas who were honorably discharged from the service;
(5) Commissioned
and noncommissioned officers under the Affiliated Reserves category and
graduates of the National Defense College of the Philippines (NDCP); and
(6) Commissioned,
noncommissioned officers and privates under the existing laws including those
procured under project 36-70 and included in the present AFP roster before the
enactment of this Act and those to be commissioned or enlisted after the
enactment of this Act.
ARTICLE
V
CATEGORIZATION AND CLASSIFICATION OF CITIZEN SOLDIERS
Section 12. Categorization of
Citizen Soldiers. — There shall be three (3)
categories of citizen soldiers of AFP reservists: the First Category Reserve,
the Second Category Reserve, and the Third Category Reserve based on age.
(1) First
Category Reserve. - The First Category Reserve shall be composed of able-bodied
reservists whose ages are between eighteen (18) years and thirty-five (35) years,
inclusive.
(2) Second
Category Reserve. - The Second Category Reserve shall be composed of
able-bodied reservists whose ages are between thirty-six (36) years and
fifty-one (51) years, inclusive.
(3) Third
Category Reserve. - The Third Category Reserve shall be composed of the all
able-bodied reservists who are above fifty-one (51) years of age.
Section 13. Classification of
Reserve Force Units. — Based on the
categorization provided in Section 12 above, the Reserve Force units shall
further be classified into the Ready Reserve, the Standby Reserve and the
Retired Reserve based in their operational readiness for immediate
deployment/utilization.
(1) Ready Reserve. - The Ready
Reserve shall be composed of citizen soldiers belonging mostly to the First Category
Reserve and others as provided in this Act who shall be organized, trained and
maintained as mobilizable ready reserve subject to call at any time to augment
the regular armed force of the AFP not only in times of war or national
emergency but also to meet local emergencies arising from calamities, disasters
and threats to peace, order, security and stability in any locality, including
the need to provide assistance in relief and rescue work and other civil
assistance activities.
Any reservist or citizen soldiers
belonging to the Second Category Reserve and/or the Third Category Reserve,
particularly the commissioned and noncommissioned officers, who will volunteer
to serve with the Ready Reserve shall be allowed, if qualified and fit for
duty, to join and actively participate as part of the Ready Reserve and shall
serve with an appropriate Ready Reserve unit.
Furthermore, members of the AFP
Affiliated Reserved units of various government and private utilities and
services considered essential for the preservation of the economic stability of
the country or particular locality, such as power and electricity, water
supply, transportation and communications, among others, regardless of their
categorization shall be classified as Ready Reserve.
All citizens soldiers belonging to
the First Category Reserve, except those exempted under this Act, shall be
required to serve with Ready Reserve units and will have assignments and
promotions in accordance with existing policies of the AFP until transferred to
the Standby Reserve by virtue of their age.
The following citizen soldiers may
be exempted from rendering service with said reserve units:
(a) Active
members of the Armed Forces of the Philippines and the Philippine National
Police;
(b) Those who are
residing abroad but only during the duration of their absence from the
Philippines;
(c) Those who are
physically and mentally unfit to serve their tour of duty;
(d) Those who are
convicted of crimes involving moral turpitude; and
(e) Those who may
be exempted from duty for valid reasons which may be authorized on a
case-to-case basis by appropriate and competent authority. For this purpose,
the AFP shall issue such appropriate guidelines, rules and regulations as may
be necessary.
(2) Standby Reserve. - The Standby
Reserve shall be composed of citizen soldiers belonging mostly to the Second
Category Reserve and the Third Category Reserve, except as provided in this
Act. The members of the Standby Reserve shall be organized and assigned to
specified reserve units and shall be maintained through annual assembly tests
to update their records and their present addresses, among others. The Standby
Reserve may be mobilized or ordered to active duty only in times of national
emergency or war. The ranks of the members of the Standby Reserve may be
upgraded if they voluntarily participate in training or serve with the Ready
Reserve units in their areas or if their Standby Reserve units undergo
retraining. They will however be encouraged to upgrade their military knowledge
and skills by taking up nonresident or resident courses which shall be set up
for the purpose.
(3) Retired Reserve. - The Retired
Reserve shall be composed of citizen soldiers who have qualified for retirement
through length of service, old age or disability. For this purpose, sixty-five
(65) years shall be considered as the retirement age. However, if qualified and
fit for duty, a member of the Retired Reserve may be ordered to active duty in
times o local or national emergencies if he volunteers for active duty and when
the Secretary of National Defense determines that there are not enough
qualified citizen soldiers with his special skills and qualifications in the
Ready Reserve or the Standby Reserve in his particular area of residence.
ARTICLE
VI
MANPOWER DEVELOPMENT
Section 14. Compulsory Military
Registration and Training. —
All male citizens between the ages of eighteen (18) and twenty-five (25) years
who are not reservists shall be required to register for military instruction.
Registration shall take place in suitable registration places to be prescribed
by the city or municipal government between the dates of April First and
Seventh commencing one (1) year after the effectivity of this Act. Biennial
registrations shall be held during the same period in succeeding years.
Section 15. Exemption from
Compulsory Military Training. —
The following are exempted from military training:
(1) Members of
the clergy of any religious order or sect, except if they volunteer;
(2) Those in the
active service of the Armed Forces of the Philippines and police members of the
Philippine National Police;
(3)
Superintendent and uniformed members of the National Penitentiary, corrective
institutions, and insane asylums; and
(4) Licensed air
and maritime pilots, navigators and merchant marine officers.
Section 16. Registering Officer. — For the purpose of registration as provided for in
Section 14 hereof, the city/municipal treasurers of chartered cities and
municipalities are hereby designated as registering officers. The Secretary of
National Defense shall prescribe and provide the forms to be used in
registration and prescribe the procedures for the conduct and reporting of the
results of the registration.
Section 17. Persons Disqualified
or Exempted from Registration. —
The following persons are disqualified by law from employment in government
service:
(1) Persons who
are disqualified by law from employment in government service;
(2) Those who are
physically or mentally unfit as certified by and AFP medical officer;
(3) Those
suffering incarceration awaiting trial by a court of law: provided, that upon
their release from custody they shall without delay register;
(4) Those
convicted by final judgment of criminal offenses involving moral turpitude;
(5) Students of
colleges, universities and similar institutions who are undergoing ROTC
training during the pendency of their training recognized by the military
authorities as among those undergoing training to qualify as reservists; and
(6) Those persons
who are constituted as members of affiliated units for the duration of time
that they hold such membership: provided, that upon the termination of their
membership, they shall be subject to military training.
Section 18. Selection of
Registrants for Compulsory Training. —
Registrants who are to undergo compulsory training as provided for in this Act
shall be selected in the month of May every year by drawing of lots by a board
of canvassers. The Secretary of National Defense shall prescribe the procedure
for the selection of registrants.
Section 19. Board of Canvassers. — There is hereby created a board of canvassers, one (1)
for each province and chartered city, for the purpose of selecting the
registrants who will undergo compulsory military training as provided for in
Section 18 hereof. The board shall be composed of the following:
(1) IN PROVINCES
Division Superintendent of Schools |
Chairman |
Provincial Fiscal |
Member |
The appropriate military commander
as the Secretary of National Defense may designate |
Member |
(2) IN CHARTERED CITIES
City Superintendent of Schools |
Chairman |
City Fiscal |
Member |
Chief of Police |
Member |
Section
20. Quota for Compulsory Training. – The Secretary of National Defense
shall furnish each provincial governor and city mayor with the quota of
registrants for compulsory military training to be drawn from their respective
province or chartered city. The quota for the province shall be broken down
into municipal quotes.
Section 21. Acceptance of
Registrants Volunteering for Military Training. — Registrants who are not selected for compulsory military
training but who volunteer for such training may be accepted and allowed to
undergo military training: provided, that said volunteers shall physically
qualify for fitness after examination for training and shall be made to execute
a written statement that they volunteered for training at their own will.
Section 22. Registration of
Citizens Residing or Working Abroad. —
Filipino citizens residing or working abroad, when they become liable to
register for reservists' training under this Act, shall register with the
nearest diplomatic or consular office of the Republic of the Philippines which
shall transmit the registrants' data to the Secretary of National Defense.
Section 23. Notice to Selected
Registrants. — The board of canvassers shall
cause the immediate and adequate publication of the names of the registrants
who have been selected in accordance with Section 18 hereof and at once notify
the registrants concerned to report to the acceptance board of the city or
municipality where they reside. The board of canvassers shall furnish each
acceptance board with the list of the registrants whose names were drawn.
Section 24. Acceptance Board. — There is hereby created an acceptance board in each
municipality and chartered city which shall examine and classify registrants
whose names have been referred to it by the board of canvassers and pass upon
the registrants' fitness for training and application for deferment, if any.
The decision of the board shall be by majority vote. The Secretary of National
Defense shall prescribe the procedure for the operation of the acceptance
board.
Section 25. Composition of the
Acceptance Board. — The board shall be composed as
follows:
(1) IN CHARTERED
CITIES
Local Civil Registrar |
Chairman |
City Health Officer |
Member |
Chief of Police |
Member |
One Civic Leader |
Member |
(2) IN MUNICIPALITIES
Local Civil Registrar/ Municipal
Treasurer |
Chairman |
Municipal Health Officer |
Member |
Chief of Police |
Member |
One Civic Leader |
Member |
Section
26. Classification of Selected
Registrants.
– Registrants shall undergo physical examination to be conducted by the health
officer. The acceptance board shall then classify them into the following
categories:
(1) Class A - Fit
for unlimited service;
(2) Class B - Fit
for limited service only;
(3) Class C -
Deferred until later date; and
(4) Class D -
Exempted for mental/physical reasons.
Section 27. Deferment from
Training. — The acceptance board, upon
evaluation of the evidence to support application for deferment, may grant
deferment on the following grounds and conditions:
(1) Individuals
who are indispensable to the support of their dependent families may be granted
deferments not exceeding two (2) years after which they shall be subject to
training;
(2) Students
enrolled in the Reserve Officers' Training Corps (ROTC) in colleges and
universities are automatically granted deferment which shall not extend beyond
the period they are to complete their basic ROTC training. Students who
successfully complete such training shall be exempted. Those who fail to
complete, or discontinue the training, shall be subject to training;
(3) Seminary
students of any religious sect shall be granted deferments for not exceeding
the prescribed course in the seminary. Those who complete the course shall be
exempted from training. Those who fail to complete shall be subject to
training;
(4) Cadets of the
Philippine Military Academy and of other military or police service academies,
local or foreign to include cadets of the Philippine Merchant Marine Academy
and other similar local merchant marine academies duly recognized by the
Government for the training of officer candidates, including those selected for
cadetship in such academies, shall be granted deferments for not exceeding two
(2) years. Those who successfully complete at least one-half (½) of the
prescribed period of the course shall be exempted from training. Those who fail
to complete one-half (½) of the prescribed period shall, upon their discharge
from their courses, be subject to training;
(5) High school
students who are in their last year of schooling may be granted deferment for
not more than one (1) year;
(6) Selected
registrants residing or working abroad shall be granted deferment for the
duration of their stay abroad; and
(7) Elected
officials and presidential appointees whose appointments are passed upon by the
Commission on Appointments, during their incumbency.
Section 28. Appeal from Decision
of the Acceptance Board. —
Where the acceptance board denies the claim of an individual for deferment, he
may within thirty (30) days after receipt of written notification by the board
appeal his case in writing directly to the Secretary of National Defense. The
Secretary of National Defense shall be accorded the right to enjoy the right to
be heard by himself and counsel and to present evidence in his behalf. The
decision of the Secretary of National Defense or his duly authorized
representative shall be final.
Section 29. Expenses of the
Acceptance Board. — The expenses incident to the
operation of the acceptance board shall be borne by the Department of National
Defense which shall include the funds thereforee in
its annual appropriations. The nature and amount of such expenses shall be
prescribed by the Secretary of National Defense. The members of the acceptance
board shall not receive any salary or compensation for their services in the
board. They shall be entitled to receive allowances as the Secretary of
National Defense shall prescribed.
Section 30. Final Acceptance by
the Board. — The registrants who shall have
been finally qualified and selected by the acceptance board shall be reported
to the Secretary of National Defense. Those selected shall upon instruction
report to the designated military camp of unit for training.
Section 31. Procurement of
Reservist Officers and Noncommissioned Officers for Affiliated Reserve Units. — Key officers and employees of government of private
entities, corporations, establishment and organizations which have affiliated
units shall be encouraged to undergo military training to qualify them as
reserve officers or noncommissioned officers. As such, they shall be assigned
to key positions in the affiliated units where they are employed and called to
active service with these units once they are activated.
Section 32. Security of Tenure in
Government or Private Employment While on Military Training. — An employee in the Government including one in a
government-owned or controlled corporation or private employment with monthly
operating volume of not less then Three hundred
thousand pesos (P300,000.00) and not less than twenty (20) employees who
undergoes military training shall not be separated or terminated from such
employment, shall not be considered as having forfeited his seniority status,
if any, and shall continue to receive the salary he was receiving prior to his
call to military training. In the case of private employment, payment of basic
salary during such military training. In the case of private employment,
payment of basic salary during such military training shall be in accordance
with existing laws or with his company's policies on its employees on leave
from his employment. Upon termination of his military training, he shall resume
his former position or, if not practicable, he shall be assigned to a new
position without diminution of his pay discharged from such training or
service; otherwise, his record of dishonorable discharge from military training
or service shall be taken into account as to whether or not he should be
reinstated to his former employment.
Section 33. Draftee Training and
Service. — As may be ordered by the
President, male citizen between the ages of eighteen (18) and thirty-five (35)
shall be called to training and active service for a period not to exceed
twenty-four (24) months, broken down into training period of not more than six
(6) months and an active service period of not more than eighteen (18) months.
Registrants will be selected for draftee training and service in accordance
with Sections 14 to 26 hereof. A draftee may volunteer and be accepted for an
extension of active service of not more than twelve (12) consecutive months,
after which his services as draftee shall be terminated. A draftee during the
period of his active duty service to include the extension of such service is
entitled to receive all the pay and allowances due his grade as received by any
member of the regular force: provided, that, upon termination of his draftee
service, he shall receive a separation gratuity of not less than one (1) month
salary for every year of his service to include the period of six (6) months
shall be considered a complete year for purposes of this gratuity
Section 34. Retention for Maximum
Hospitalization. — A reservist/draftee who is
injured or contracts a disease or sickness while undergoing training and
service, not due to his intentional misconduct, willful failure or neglect, or
vicious or immoral habits, shall be retained beyond the period of his
reservist/draftee service with his consent for the necessary hospitalization
and medical care until such time that he recovers, or is determined that
further hospitalization will not improve his condition. During the period of
hospitalization, he shall be entitled to subsistence allowances and
hospitalization benefits as are available to the members of the regular force
who are patients armed forces hospitals.
ARTICLE
VII
CITIZEN MILITARY TRAINING
Section 35. Basic Citizen
Military Training. — Registrants
finally selected for military training pursuant to Section 30 shall undergo a
basic military training for a period of not more than six (6) months. The
Secretary of National Defense shall prescribe the course of instruction.
The course of instruction shall
include, among others, subject on moral virtues, patriotism, discipline,
support for and adherence to the Constitution, and respect for the right of
civilians.
Section 36. Citizen Military
Training. — There shall be established in
every province at least one (1) training center for the conduct of citizen
military and reservist training with a minimum training capacity of one (1)
infantry rifle company at a time. These training centers shall form part of the
reserve component organization of the major services and shall be referred to
as citizen military training centers.
Section 37. Incorporation into
Training. — Upon reporting to their assigned
training centers, the selected registrants shall be physically examined and if
found fit for the service shall be inducted into service. Where a change of
training center is necessary to provide the requisite training, the commanding
officer of the training center shall be authorized to issue the necessary
orders covering his transportation and provide the funds for the purpose:
provided, that no registrant shall be transferred to a training center outside
his province or designated training center except in the case of Philippine
Navy and Philippine Air Force registrants if there are no air or naval training
centers thereat.
Section 38. Reserve Officers'
Training Corps (ROTC). — Military
training for students enrolled in colleges, universities and similar
institutions of learning is mandatory pursuant to the provisions of the
National Defense Act and the 1987 Constitution.
Section 39. Establishment of ROTC
Units in Schools. — At such colleges, universities
and similar institutions of learning that request for the conduct of military
training in their institutions, there shall be established and maintained
Reserve Officers" Training Corps units as the Secretary of National Defense
may approve, which shall conduct military training for the students of such
institutions for the purpose of producing enlisted and officer reservists. The
program of instruction shall be prescribed by the Secretary of National Defense
and may include instruction to prepare female students for military service:
provided, that, such course of instruction shall not exceed two (2) academic
years in the case of enlisted reservists, and four (4) academic years in the
case of officer reservists which shall include as necessary summer or
probationary training of not more than sixty (60) consecutive days, The first
two (2) years ROTC training, which is mandatory, shall hereafter be referred to
as basic ROTC while the second (2) years after said basic ROTC, which is voluntary,
shall hereafter be referred to as advance ROTC. The allocation of ROTC units to
the various majors services of the AFP shall conform
to the projected manpower needs of their respective reserve components.
Section 40. Acceptance for
Advance ROTC. — Students who volunteer for
advance ROTC shall be screened by an ROTC acceptance board which is hereby
created for the purpose, composed of the commandant of the ROTC unit, a
representative of the school nominated by the school authorities, and a military
physician. The student volunteer shall be physically examined for fitness for
training and shall further be made to execute in writing a testament that he
volunteered for training of his own volition. Where the student is below
eighteen (18) years of age, he shall be required to obtain his parent's or
guardian's consent. In the case of student volunteering for reserve officers'
training, they shall further be subject to competition examination in order to
select the best material. The students undergoing advance ROTC shall be
referred to as advance ROTC cadets.
Section 41. Organization and
staffing of ROTC Units. — The Secretary
of National Defense shall prescribe the organization and staffing of ROTC
units. Reserve officers in the active service as well as qualified enlisted and
officer reservists in the inactive status shall be given priority to handle
training instruction and to assist in the administration and shall be entitled
to receive honoraria and other allowances as the Secretary of National Defense
shall prescribe.
Section 42. Funds for Maintenance
and Operation of school ROTC Units. —
The funds for the establishment, maintenance and operation of ROTC units shall
be provided for in the regular annual appropriations of the Armed Forces of the
Philippines. Such appropriations shall provide for the full funding support for
advance ROTC only. The school of the student may not be required to spend any
amount for the establishment, operation and maintenance of ROTC training:
provided, that the school requesting for such establishment shall provide the
training ground and office facilities free of charge. The advance ROTC cadets
shall each be provided free two (2) suits of fatigue uniform with headgear,
belt and one (1) pair of combat boots for the duration of the training.
However, those taking the basic ROTC are required to pay a reasonable ROTC fee,
the amount to determined by the Secretary of National Defense in coordination
with the school official concerned.
Section 43. Scholarship Incentive
for Advance ROTC Training. —
Students undergoing advance ROTC who belong to the upper five percent (5%) of
their academic class shall be provided a tuition subsidy of fifty percent (50%)
of their annual tuition for the period of their advance ROTC. the funds for
this purpose shall be carried in the annual appropriations of the AFP. The
Chief of Staff, AFP shall promulgated the guidelines
for the implementation of this provision.
ARTICLE
VIII
INCORPORATION INTO RESERVED FORCE
Section 44. Elected Officials and
Presidential Appointees. —
Elected official appointees may be commissioned in the Reserve Force subject to
the existing AFP rules and regulations.
Section 45. Award of Ranks and
Assignments to Reserve Units of Graduates of ROTC. — Graduates of basic ROTC shall be given a reserve enlisted
rank and serial number and assigned to reserve units and mobilization centers
in their provinces. The ranks to be awarded shall be from private to sergeant
or its equivalent: provided, that the quota for noncommissioned officers shall
not exceed five percent (5%) of the authorized strength of the unit to which
the reservists shall be assigned after graduation: provided, further, that
those to be awarded rank above private shall be chosen based on merit. Those
who continue to the advance ROTC course shall continue to carry their enlisted
rank until after their successful completion of advance ROTC.
Section 46. Disposition of
Graduates of Advance ROTC. —
Those who successfully completed the advance ROTC course shall be recommended
for commission in the reserve as second lieutenants and assigned to the reserve
units and mobilization centers in their provinces. Those with manifest
potential may be commissioned in the regular force as second lieutenants
subject of the criteria for regular officers of this rank for that particular
service. Those who fail to complete the course shall be conferred the enlisted
rank of sergeant or its equivalent and similarly assigned to reserve units and
mobilization centers. Probationary training as a requisite before commissionship shall be determined by the major service
concerned based on technical skills, experiences or qualifications of the
applicants.
Section 47. Notification of
reserve assignment. — The reservists
shall be notified in writing of his assignment to a reserve unit and a
mobilization center. He shall be made to acknowledge receipt in writing of such
notification.
Section 48. Reservists Registry. — The Armed Forces of the Philippines shall provide all
city/municipal treasurers of chartered cities and municipalities of the list of
those who have successfully completed military training, indicating therein,
among others, the rank, serial number, reserve unit assignment and mobilization
center. It shall be the duty of the local civil registrar to maintain and
update the reservists registry.
ARTICLE
IX
MAINTENANCE, TRAINING AND ADMINISTRATION OF RESERVE FORCE
Section 49. Accounting of
Reservists. — All reservists, particularly
those belonging to the Ready and Standby Reserves, shall be accounted for,
their records and status updated and present whereabouts ascertained in order
to ensure their readiness to the call to duty. As far as practicable, the
services of the national and local reservists and veterans organizations will
be tapped to assist in the accounting of reservists.
Section 50. Organization for
Maintenance and Administration of the Reserve Force. — The major services shall be responsible for the
administration, training, equipage and maintenance of their respective reserve
components subject to the regulations to be prescribed by the Secretary of
National Defense. In the General Headquarters, AFP and in each Major Service
Headquarters, there shall be a staff division of the level of the principal
coordinating staff which shall be dedicated to planning and policy formulation
for the administration, development, organization, training, equipage,
maintenance and utilization of their respective Reserve Force component. The
Chief of Staff, AFP shall create an AFP Reserve Command within one (1) year
from the effectivity of this Act. In the case of the major services, there
shall further be a separate unit dedicated to the implementation of such plans
and policies. In staffing the command structure of these units, preference
shall be given to qualified reserve officers in the active service and
integrates.
Section 51. Training of
Individual Reservists and Reserve Units.
— Maximum opportunity shall be afforded the reservists to update their skills
through compulsory or voluntary training. Such training shall have for its
principal purpose the enhancement of the readiness of the individual reservists
and reserve units to respond to the call to service. To this end, there shall
be two (2) types of training:
(1) Compulsory
training of not less than thirty (30) days but not more than sixty (60) days
for reserve units and/or individual reservists in a given year preferably to
First Category Reservists; and
(2) Voluntary
training subject to the capability of the AFP to provide training. Individual
reservists, commissioned and noncommissioned officers shall be encouraged to
undergo training on a voluntary basis to upgrade their proficiency with
priority to the officers of the Standby Reserve units. The Secretary of
National Defense shall prescribe the course of instruction for the
aforementioned training. The services of qualified individual enlisted and
officer reservists shall be utilized to the maximum in the conduct of ROTC and
reservists' training.
Section 52. Reserve Officers'
Nonresident Instruction. —
Each major service shall conduct on a continuing basis non-resident instruction
for the purpose of maintaining and updating the proficiency of its reservist
officers, particularly key officers of Ready Reserve units. Such instruction
shall prepare these reserve officers to assume duties up to brigade command and
staff or equivalent. The reserve officers undertaking such course shall be
given priority for call to annual duty training or service with their units or
with other AFP units. Successful completion of the nonresident course will be
equivalent to having undertaken one (1) annual active duty training tour.
Section 53. Active Duty
Tour for Training of Reserve Officers. — In order to improve
their professional competence and leadership qualities reserve officers in the
inactive status shall be called active duty for a period not exceeding two (2)
years without extension: provided, that the quota for such active duty shall as
far as practicable be proportionately distributed to the provinces and cities
based on their reserve units, with priority to units of Ready Reserve I:
provided, further, that ;the reserve officers called to active duty shall as far
as practicable serve in the province of their reserve unit assignment. A
reserve officer who has served his tour shall not be called again to active
duty until after five (5) years, except in case of mobilization.
Section 54. Classification and Maintenance
of Readiness of Reserve Units. —
Units which are composed of reservists of the Ready Reserve shall be classified
as to degree of readiness to respond the call to the service, as follows:
(1) Ready Reserve
I . - Units classified as Ready Reserve I shall be
maintained in a high degree of readiness as to be ready for operational
employment in not more than seven (7) days after activation. The individual and
crew served weapons and individual clothing and equipment shall be ready for
distribution upon their activation. The whereabouts of their reservists shall
be constantly ascertained. As necessary, these units shall carry an excess of
twenty percent (20%) of their authorized personnel strength to compensate for
those who may fail to report or be late in reporting for duty.
(2) Ready Reserve
II . - Units classified as Ready Reserve II shall be
maintained in a degree of readiness as to be read for operational employment in
not more than fifteen (15) days.
The Chief of Staff, AFP shall select
and recommend to the Secretary of National Defense the reserve units under
Ready Reserve I and Ready Reserve II: provided, that in areas threatened by
insurgency, there shall be at least one (1) unit of infantry battalion strength
under readiness status of Ready Reserve I.
Section 55. Mobilization Stock. — The minimum essential individual and organizational
equipment and supplies shall be procured, stored and maintained for selected
Ready Reserve units to enhance rapid transition to readiness required for
employment in the shortest possible time.
Section 56. Training as Requisite
for Promotion. — Successful completion of training
pursuant to Sections 51 and 52 hereof shall be a requisite for promotion in
rank in the inactive status.
Section 57. Classification of
Reserve Officers in the Inactive Status.
— There shall be only one (1) classification of reserve officers in the
inactive status regardless of their source or nature of commission. Likewise, There shall be only one (1) seniority and lineal list for
all reservist officers in the inactive status regardless of their source of
commission, subject to the rules and regulations to be prescribed by the
Secretary of National Defense.
Section 58. Status of
Reservist on Training. —
Reservist on compulsory training shall be subject to military law. They shall
not receive pay but shall be entitled to allowances and burial benefits as
provided by law. Reservists on voluntary training are also subject to military
law but shall be entitled to allowances.
ARTICLE
X
UTILIZATION OF THE RESERVE FORCE
Section 59. Mobilization. — The utilization of the Reserve Force in times of
emergency to meet threats to national security shall be through mobilization:
(1) Full
Mobilization. - Full mobilization shall be through the joint act of Congress
and the President. When full mobilization is ordered, all units of the Ready
and Standby Reserves will be activated, the reservists constituting them are
called to active duty, and the units activated are placed on operational
readiness. All other reservist not assigned to any unit or those assigned to
reserve pools shall be organized into replacement units;
(2) Partial
Mobilization. - Partial Mobilization shall be through the joint act of Congress
and the President. When partial mobilization is ordered, only the units of the
Ready Reserve are necessary to meet the threat will be activated, the
reservists assigned to these units are called to active duty and the activated
units are placed on operational readiness. The president will specify the units
to be activated; and
(3) Selective
Mobilization. - Selective mobilization shall be by authority of the President.
Selective mobilization may be ordered to meet a local threat or emergency
situation. When so ordered, only selected units of the Ready Reserve of the
Localities involved are activated and the reservist assigned to them are called
to active duty; or active auxiliary units are organized and volunteer
reservists are called to active auxiliary service for the purpose, under such
rules and regulations as the Secretary of national Defense may prescribed.
Section 60. Status of Reservists
under Mobilization. — An enlisted or
officer reservist when called to active duty by virtue of mobilization shall
receive all the pay and allowances, medical care, hospitalization and other
privileges and benefits prescribed by law or regulations for officers and
enlisted personnel of the regular force.
Section 61. Mobilization Centers. — There shall be established in each province as many
mobilization centers as needs corresponding to the number and distribution of
reservists in the province to which reservists will report when mobilization is
ordered. The citizen military training center in the provinces established
under this Act may also be used as mobilization centers. The location of these
centers shall be given the widest public information by the local executives.
Section 62. Demobilization. — When the threat or emergency for which demobilization had
been ordered has passed, the President shall order the demobilization of the
reserve units activated and the reservists of such deactivated units shall be
reverted to inactive status.
Section 63. Auxiliary Service. — For the purpose of helping maintain local peace and
order, meeting local insurgency threat, assisting in rescue and relief
operations during disasters and calamities, health welfare activities and
participating in local socioeconomic development projects, the President may
call upon the reservists in the affected or concerned localities to volunteer
their services. Such volunteer services shall be referred to as auxiliary
service and shall be two (2) types:
(1) Civil
Auxiliary Service. - Civil auxiliary service covers services rendered in
helping maintain law and order, assisting in rescue operations, participating
in socioeconomic development projects, delivery of health services and any
other nonmilitary activity. Female reservists shall be given greater
participation in this regard. Reservists serving under this category shall not
be armed. Those who have licensed firearms may be granted permit to carry
firearms only when they are actually performing duties in maintaining peace and
order, provided adequate control measures are instituted by the proper
authorities concerning the carrying and use of firearms. In no case shall the
reservists be vested with police powers.
(2) Military
Auxiliary Service. - Military Auxiliary Service covers service rendered in
meeting local insurgency threat. Reservists serving under this category will be
organized into Ready Reserve Units. They must be issued and allowed to carry
firearms: provided, that these reservists will be utilized only for the defense
of their localities and will not be employed outside their localities.
Elected/appointed local government officials are expected to perform their
duties and responsibilities in their respective peace and order council levels
or similar organizations efficiently and effectively to enhance a total
integrated system approach against threats to national security.
The Secretary of National Defense
shall prescribe rules and regulations to implement this section in coordination
with the Secretary of the Interior and Local Government.
Section 64. Status of Reservists
on Auxiliary Service. — A reservist
performing auxiliary service shall not receive payment but shall be entitled to
receive allowances and burial benefits as provided by law. With this consent, a
reservist may continue to render such services without receiving the allowances
due him. A reservist serving military auxiliary services is subject to military
law; whereas, a reservist serving civil auxiliary service is not.
Section 65. Women Reservists. — Women shall have the right and duty to serve in AFP. The
relevant standards for admission, training and commissioning of women shall be
the same as those required for men, except for those essential adjustment in
such standards required because of physiological differences between men and
women.
ARTICLE
XI
FUNDING
Section 66. Funding. — All funds previously appropriated for the administration,
development and training of the reserve component of the AFP and which will
subsequently and hereafter be appropriated for the purpose shall be used
exclusively for the purpose shall be used exclusively for the purpose of
implementing the provisions of this Act.
To sustain the efficient and
effective administration, organization, training, maintenance and utilization
of Ready Reserve units and keep them appropriately and adequately equipped an
in a state of readiness, as well as provide for the adequate training of
citizen soldiers or reservists, adequate funds for this purpose, as may be
requested or recommended by the AFP, shall be appropriated and made available
on a continuing basis.
The President shall utilize a
portion of the Military Assistance Fund available from any source to augment
the appropriation for the Reserve Force.
ARTICLE
XII
TRANSITORY PROVISIONS
Section 67. Retention of ROTC
Units in Colleges and Universities. —
ROTC units in college and universities shall continue with ROTC training in
accordance with this Act.
ARTICLE
XIII
PENALTIES
Section 68. Penalties. — Failure of reservists to respond to the call to
compulsory training or service shall be punishable in accordance with the
Articles of War, and those convicted by a court martial shall be liable for
imprisonment of not less than two (2) months to not more than twelve (12)
months. Citizen who fail to register for compulsory military training or who
after having selected to undergo such training or who after having selected to
undergo such training and had been notified thereof fail to report for training
shall, upon conviction by the civil court, be punishable and liable for
imprisonment of not less than one (1) month to not more than three (3) months.
Section 69. Failure to Provide
Updated List of Registrants. —
Failure of registrars and canvassers to provide an updated listing of
registrants under their responsibility shall, upon conviction by civil court,
be punishable and liable for imprisonment of not less than one (1) month to not
more than three (3) months under Sections 16 and 19 of this Act.
ARTICLE
XIV
RESCISSION AND EFFECTIVITY
Section 70. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations which are inconsistent or in conflict with any provision of this
Act are hereby repealed or amended.
Section 71. Effectivity Clause. — This Act shall take effect upon its approval.
Approved: June 27, 1991.