 Legal Basis

Legal Basis of ROTC

Section 4, Article II of the Constitution provides that 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.

Section 38, Article VII, Republic Act 7077 - Reserve Officers Training Corps (ROTC) states that, " Military training for
students enrolled in colleges, universities and similar institutions of learning is mandatory pursuant to the
provisions of the National Defense Act of 1935 and the 1987 Constitution."

Section 39, Article VII, Republic Act 7077 - Establishment of ROTC Units in Schools states that, " 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 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 of ROTC training, which is mandatory, shall hereafter
be referred to as Basic ROTC while the second two (2) years said Basic ROTC, which is voluntary, shall hereafter be
referred to as Advance ROTC. The allocation of ROTC units to the various major service of the AFP shall conform to
the projected manpower needs of their respective reserve components."

Section 15 of Batas Pambansa Bilang 232 provides that it is the duty and responsibility of students to participate
actively in civic affairs and be involved in the promotion of the general welfare of the people particularly in the
social, economic and cultural development of his community and in the attainment of a just, compassionate and
orderly society.

SOURCE: Cadet's Manual

Legal Basis for Optional ROTC

PD 1706 PROVIDING FOR COMPULSORY NATIONAL SERVICE FOR FILIPINO CITIZENS AND AMENDING CERTAIN
SECTIONS OF COMMONWEALTH ACT NUMBER ONE, AS AMENDED, OTHERWISE KNOWN AS "THE NATIONAL
DEFENSE ACT" FOR THE PURPOSE.
SB 1824 which seeks to make the Reserve Officers Training Corps (ROTC) an optional subject for male college
students.

Legal Basis of NSTP

House Bill No. 3593 entitled:

"AN ACT ESTABLISHING THE NATIONAL SERVICE TRAINING PROGRAM (NSTP) FOR ALL HIGHER AND
TECHNICAL/VOCATIONAL INSTITUTIONS" "AN ACT ESTABLISHING THE NATIONAL SERVICE TRAINING PROGRAM
(NSTP) FOR ALL HIGHER EDUCATION INSTITUTIONS."

Republic Act No. 9163

An act establishing the National Service Training Program (NSTP) for tertiary level students, amending for the
purpose, Republic Act No. 7077 and Presidential Decree No. 1706, and for other purposes.

 Military organization or military organisation

is the structuring of the armed forces of a state so as to offer such military capability as a national defense policy
may require. In some countries paramilitary forces are included in a nation's armed forces, though not considered
military[by whom?]. Armed forces that are not a part of military or paramilitary organizations, such as insurgent
forces, often mimic military organizations, or use ad hoc structures, while formal military organization tends to use
hierarchical forms.

 Military justice (or military law)

is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and
distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial
and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to
military justice include the preservation of good order and discipline, the legality of orders, and appropriate
conduct for members of the military. Some states enable their military justice systems to deal with civil offenses
committed by their armed forces in some circumstances.

Military justice is distinct from martial law, which is the imposition of military authority on a civilian population as a
substitute for civil authority, and is often declared in times of emergency, war, or civil unrest. Most countries
restrict when and in what manner martial law may be declared and enforced.

 Military Leadership
Military leadership is the process of influencing others to accomplish the mission by providing purpose, direction,
and motivation. Command is the authority a person in the military service lawfully exercises over subordinates by
virtue of his rank and assignment or position.

The basic responsibilities of a leader are: Accomplishment of the mission and the welfare of the soldiers.

The most fundamental and important organizational technique used by military is the chain of command.