Philippine Military Training Laws (RA 7077 & 9163) PDF

LEGAL BASIS Summary Familiarize with laws pertaining to AFP Reserve Force Learn the Reserve Force existing law – RA 7077 Educate on RA 9163 – NSTP Act of 2001  Different Laws Commonwealth Act Executive Order Presidential Decree Republic Act National Defense Act of Commonwealth Ac...

LEGAL BASIS Summary Familiarize with laws pertaining to AFP Reserve Force Learn the Reserve Force existing law – RA 7077 Educate on RA 9163 – NSTP Act of 2001  Different Laws Commonwealth Act Executive Order Presidential Decree Republic Act National Defense Act of Commonwealth Act No. 1 1935 - The preservation of the State is the obligation of every citizen. - Establishment of Reserve Officers’ Training units at such colleges and universities as the President may designate (Sec. 35) - Executive Orders under CA No. 1: a. 1939 - Pres. Quezon issued EO 207 requiring the establishment of ROTC Course in all colleges and universities with a total enrollment of at least 100 students. b. 1967 - Pres. Marcos issued EO 59 requiring the establishment of ROTC Course in all colleges and universities with a total enrollment of at least 250 male students. Note: CA No. 1 was enacted by the National Assembly of the Philippines Approved on: 21 December 1935  P.D. NO. 1706 THE NATIONAL SERVICE LAW Presidential Decree No. 1706 (8 August 1980) - Providing for compulsory National Service for all Filipino citiz - Three main programs: Civic Welfare Service, Law Enforceme Service, and Military Service - Such service shall be credited in his favor for the purpose of educational requirements under the law  AFP Reserve Force under the 1987 Constitution Section 4, Article XVI “… The Armed Forces of the Philippines shall be composed of a Citizen Armed Force who shall undergo military training and serve as may be provided by law. It shall keep a regular force necessary for the security of the state.”. - Pres. Aquino issued EO 264 (1987) providing for the Citizen Armed Force. The AFP shall include the Citizen Armed Force to be composed of all reservists and officers, and enlisted men on inactive status. All able-bodied citizens shall become reservists with appropriate ranks. It also provides that all reservists in a particular locality shall be organized into reserve geographical units subject to call and mobilization as the need arises. Republic Act 7077 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 Passed by the House of Representatives and Senate on 19 March 1991 and 20 April 1991, respectively Finally approved on June 27, 1991 Republic Act 7077 Republic Act 7077 Citizen Armed Force or Armed Forces of the Philippines Reservist Act - To maintain a standing of regular military force in times of peace consistent to its adequate and actual need for the security of the State but which can be rapidly expanded by CAF in the event of war, rebellion or invasion. Republic Act 7077 Mission: ꟷ To provide the base for the expansion of the AFP in the event of war, rebellion or invasion; to assist in relief and rescue during disaster of calamities; to assist in socio-economic development, and to assist in the operation & maintenance of essential gov’t or private utilities as an overall vision of the AFP. Republic Act 7077 Components: 1. Army Reserve 2. Air Force Reserve 3. Navy Reserve 4. AFP-Wide Technical Reserve 5. Affiliated Reserves Republic Act 7077 Affiliated Reserve ꟷ Certain private & gov’t entities, corporations, establishment, and organization at the national, provincial & municipal levels w/c take care of essential public services such as water, light, transportation & communication w/c are necessary to support in the implementation of national defense plans ꟷ Shall be utilized in times of war or emergency to ensure the continuous and uninterrupted provision of the essential services they are rendering Republic Act 7077 Citizen Soldiers: ꟷ ROTC Graduates; Authorized Basic Mil Instructions Graduates; Ex-Servicemen/Retired Officers who were honorably discharged; Recognized WWII guerillas; Commissioned & NCO under Affiliated Reservist category and NDCP graduates Republic Act 7077 Citizen Soldiers: ꟷ Commissioned, NCO & privates under the existing laws including those procured under project 36-70 included in the present AFP roster before the enactment of this Act and those commissioned or enlisted after the enactment of this Act  Republic Act 7077 Categorization of Citizen Soldiers: 1st Category – between 18-35 years old, inclusive 2nd Category – between 36-51 years old, inclusive 3rd Category – above 51 years of age Republic Act 7077 Classification: Ready Reserve - subject to call at anytime to augment the regular force of the AFP not only in times of war or national emergency but also during calamities, disasters and threats to peace, order, security and stability to any locality including the need to provide assistance in relief and rescue work. Republic Act 7077 Classification: Standby Reserve- belonging to the 2nd & 3rd Category Reserves that can be mobilized or ordered to active duty only in times of war or emergency. Retired Reserve - provided qualified and fit for duty may be ordered to active duty in times of local or national emergencies (65 years shall be considered as retirement age) Check on Learning 1. What Constitution, Section, and Article dictate the Organization of the AFP Reserve Force? The 1987 Constitution, Section 4, Article XVI 2. What Act provides for the development, administration, organization, training, maintenance, and utilization of the Citizen Armed Forces or the Armed Forces of the Philippines? Republic Act 7077 Check on Learning 3. What are the 5 Components of the Citizen’s Armed Forces? Army Reserve, Air Force Reserve, Navy Reserve, AFP-Wide Technical Reserve, and Affiliated Reserves 4. What is the Categorization and Classification of a 49-year old Citizen Soldier? 2nd Category and Standby Reserve Republic Act 7077 Effect of Military Training on Security of Tenure in Gov’t or Private Employment -- Shall not result in separation or termination from employment; shall not be considered as having forfeited his seniority status; and shall continue to receive the salary he was receiving prior to the call to military training Republic Act 7077 -- In the case of private employment, payment of basic salary during such military training shall be IAW existing laws or with company’s policy on it’s employees on leave from his employment. Republic Act 7077 Learning Points from Training ꟷ The course instruction shall include among others virtues, patriotism, discipline, support for adherence to the Constitution, and respect for the rights of civilians. Republic Act 7077 Benefits From Training ꟷ Reservist will be given opportunities to upgrade their skills through voluntary training in different fields of endeavor in order to respond to the call of service. Republic Act 7077 Types of Training: Compulsory Training – of not less than 30 days but not more than 60 days for individual reservist or reserve unit in a given year preferably to 1st category Republic Act 7077 Republic Act 7077 Voluntary Training – subject to the capability of the AFP to provide the training. Individual reservist, commissioned and NCO shall be encouraged to undergo training on a voluntary basis to upgrade their proficiency w/ priority to the officers and key NCO of the Standby Reserve Units. Republic Act 7077 Status Given While on Training ꟷ Reservist on compulsory training receive pay and are also entitled to allowances and burial benefits as provided by law; while a reservist on voluntary training is not entitled to allowances. Republic Act 7077 Status During Mobilization ꟷ When called to active duty during mobilization shall receive all the pay and allowances, medical care, hospitalization, and other privileges and benefits prescribed by the law or regulations for officers and EP of the regular force. Republic Act 7077 Women Reservists ꟷ A woman reservist shall have the right and duty to serve in the AFP. ꟷ The relevant standards for admission, training and commissionship shall be the same as men except for those most essential adjustments in such standards because of physiological and biological difference between men and women. Republic Act 9163 An Act Establishing the National Service Training Program (NSTP) for Tertiary Level Students, amending for the purpose of RA 7077 and PD 1706 and for other purposes Short Title: National Service Training Program (NSTP) Act of 2001 Republic Act 9163 Approved: 23 January 2002 – 12th Congress Consolidation of HB No. 3593 and SB No. 1824 and was passed by the House of Representatives and Senate on 19 December 2001. Effectivity: 15 days after its publication and commenced in the SY of 2002-2003 Republic Act 9163: Sec 2 Declaration of Policy - Prime duty of the government to serve and protect its citizens - In turn, it shall be the responsibility of all citizens to defend the security of the State and in fulfillment thereof, the government may require each citizen to render personal, military or civil service. Republic Act 9163: Sec 2 Declaration of Policy In pursuit of these goals, the youth, the most valuable resource of the nation, shall be motivated, trained, organized and mobilized in military training, literacy, civic welfare and other similar endeavors in the service of the nation. Republic Act 9163: Sec. 2 Declaration of Policy Recognizing the youth’s vital role in nation-building, the State shall promote civic 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 advance their involvement in public and civic affairs. Establishment of National Service Training Program NSTP shall form part of the curricula of all Baccalaureate Degree Courses and of at least 2-year Tech-Voc Courses Components: 1. Reserve Officer Training Corps (ROTC) (Optional/Voluntary) - designed to provide military training to tertiary level students in order to motivate, train, organize and mobilize them for national defense preparedness Establishment of National Service Training Program 2. Literacy Training Service (LTS) - designed to train students to become teachers of literacy and numeracy skills to school children, OSY, and other segments of society in need of their services. 3. Civic Welfare Training Service (CWTS) - refers to programs or activities contributory to the general welfare and the betterment of life for the members of the community or the enhancement of its facilities (health, education, environment, entrepreneurship, safety, recreation, and morals of the citizenry). Check on Learning 1. What are the 2 types of training? 2. What act establishes the National Service Training Program (NSTP) for Tertiary Level Students, amending for the purpose of RA 7077? 3. What is the first SY that implemented NSTP? 4. What is the most valuable resource of the Nation? Check on Learning 5. What program trains the youth to become Reserve Officers? 6. What program is designed to train students to become teachers of literacy and numeracy? Check on Learning 7. What program refers to activities contributory to the general welfare and the betterment of life of the members of the community? 8. Who has a vital role in Nation Building  YEAR PRESIDENT LAWS TITLE MANDATORY/ VOLUNTARY 1935 Quezon CA 1 The National Mandatory Defense Act 1980 Marcos Sr. PD 1706 The National Mandatory Service Law 1991 Cory Aquino RA 7077 Citizen Armed Mandatory Force or Armed Forces of the Philippines Reservist Act 2002 Macapagal RA 9163 National Voluntary Arroyo Service Training Program (NSTP) Act 2022-2028 Marcos Jr. ? ? ? 38 Proposals: o Mandatory for senior high school students (grades 11 and 12) o Mandatory ROTC for college students and 2- year tech-voc (Issue: 2M students unable to join) o 2-year mandatory National Citizens Service Training (NCST) program and an optional 4-year ROTC Program (House version) o 7-day paid leave for reservists for military training/activities 39 Summary Familiarize with laws pertaining to AFP Reserve Force Learn the Reserve Force existing law – RA 7077 Educate on RA 9163 – NSTP Act of 2001  WHAT’S YOUR KEY TAKEAWAY FROM THE LEGAL BASIS LECTURE? https://www.menti.com/alvo9y3exh7r 41 The preservation of the State is the obligation of every citizen. 42