THE 1987 CONSTITUTION

THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane
society and establish a Government that shall embody our ideals and aspirations, promote the common
good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality,
and peace, do ordain and promulgate this Constitution.

ARTICLE I National Territory

The national territory comprises the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.

ARTICLE II Declaration of Principles and State Policies

Principles

SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and
all government authority emanates from them.

SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.

SECTION 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State
and the integrity of the national territory.

4. 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.
 5. The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of
the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

SECTION 6. The separation of Church and State shall be inviolable.

State Policies

SECTION 7. The State shall pursue an independent foreign policy. In its relations with other states the
paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right
to self-determination.

SECTION 8. The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.

SECTION 9. The State shall promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and an improved quality of life for all.

SECTION 10. The State shall promote social justice in all phases of national development.

SECTION 11. The State values the dignity of every human person and guarantees full respect for human
rights.

SECTION 12. The State recognizes the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the
unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for
civic efficiency and the development of moral character shall receive the support of the Government.

SECTION 13. The State recognizes the vital 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.

SECTION 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.

Section 15. The State shall protect and promote the right to health of the people and instill health
consciousness among them.

SECTION 16. The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.

SECTION 17. The State shall give priority to education, science and technology, arts, culture, and sports
to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and
development.

SECTION 18. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.
SECTION 19. The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.

SECTION 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.

SECTION 21. The State shall promote comprehensive rural development and agrarian reform.

Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development.

SECTION 23. The State shall encourage non-governmental, community-based, or sectoral organizations
that promote the welfare of the nation.

SECTION 24. The State recognizes the vital role of communication and information in nation-building.

SECTION 25. The State shall ensure the autonomy of local governments.

SECTION 26. The State shall guarantee equal access to opportunities for public service, and prohibit
political dynasties as may be defined by law.

SECTION 27. The State shall maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption.

SECTION 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public interest.

ARTICLE III Bill of Rights

SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.

SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things to be seized.

SECTION 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise as prescribed by law.(2) Any
evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in
any proceeding.

SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and petition the government for redress of grievances.

SECTION 5. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise
of civil or political rights.

SECTION 6. The liberty of abode and of changing the same within the limits prescribed by law shall not
be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in
the interest of national security, public safety, or public health, as may be provided by law.

SECTION 7. The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents, and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development, shall be afforded
the citizen, subject to such limitations as may be provided by law.

SECTION 8. The right of the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not be abridged.

SECTION 9. Private property shall not be taken for public use without just compensation.

SECTION 10. No law impairing the obligation of contracts shall be passed.

SECTION 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.

12. (1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his
own choice. If the person cannot afford the services of counsel, he must be provided with one. These
rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention
are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive bail shall not be required.

SECTION 14. (1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the attendance of witnesses and the production of evidence in
his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is unjustifiable.

SECTION 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires it.

SECTION 16. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.

SECTION 17. No person shall be compelled to be a witness against himself.

SECTION 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party
shall have been duly convicted.

SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to
reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee
or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by
law.

SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

SECTION 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another
prosecution for the same act.

SECTION 22. No ex post facto law or bill of attainder shall be enacted

Republic Act 7077

Citizen Armed Forces or Armed Forces of the Philippines Reservist Act

Republic Act 7077

AN ACT PROVIDING FOR THE ORGANIZATION, ADMINISTRATION, TRAINING,

MAINTENANCE, AND UTILIZATION OF THE CITIZEN ARMED FORCE OF THE ARMED
FORCES OF THE PHILIPPINES AND FOR OTHER PURPOSES.

SECTION 1. Title. – This Act shall be known as the "Citizen Armed Forces or Armed Forces of the
Philippines Reservist Act."
ARTICLE IIDECLARATION OF POLICY

Sec. 2. The Regular Force. – It is the policy of the State to maintain a standing force 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 Armed Force in the event of war, invasion or
rebellion.

Sec. 3. The Security and Socio-Economic Development of the State. – The Citizen Armed Force shall be
provided maximum opportunity to participate in safeguarding the security of the state and assisting in
socioeconomic.

Sec.. 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.

Sec. 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.

Sec. 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 IIIMISSION AND ORGANIZATION OF THE CITIZEN ARMED FORCE

Sec. 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 the overall mission.

Sec. 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.

Sec. 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 or
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 organization.

Sec. 10. Affiliated Reserves. – As the President shall approve 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 designation 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 uninterrupted provision of the essential services they are
rendering.

ARTICLE IV DEFINITION OF CITIZEN SOLDIERS

Sec. 11. Citizen Soldiers. – The citizen soldiers, alternately referred to as reservists, who compose the
Reserve Forces are those reservist 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 and who were
issued orders as enlisted reservists or reserve officers of the AFP;

2. Graduates of authorized basic military training instructions who, as a result thereof, were issued
orders as enlisted reservists or reserve officers;.

ARTICLE V CATEGORIZATION AND CLASSIFICATION OF CITIZEN SOLDIERS

Sec. 12. Categorization of Citizen Soldiers. – There shall be there (3) categories of citizen soldiers or
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 reservist
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
reservist 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 able-bodied reservist
who are above fifty-one years (51) of age.

Sec. 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 on 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.
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 test to update their records and 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 of 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 Standby Reserve in his
particular area of residence.

Sec. 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.

Sec. 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 officers reservists. The program of institution 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) academics years in the case of enlisted reservist,
and four (4) academic years in the case of officer reservists which shall include as necessary summer
probationary training of not more than sixty (60) consecutive days. The first two (2) years of training,
which is mandatory, shall hereafter be referred to as basis ROTC while the second two (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 major services of the AFP shall conform to the projected manpower needs of their
respective reserve components.

Sec. 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 students volunteering for reserve officers’ training, they shall further be subject to
competitive examination in order to select the best material. The students undergoing advance ROTC
shall be referred to as advance ROTC cadets.

Sec. 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.

Sec. 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 all 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 fee, the amount to be determined by the Secretary of National Defense in coordination
with the school officials concerned.

Sec. 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
(50%) of their annual tuition for the period of their advance ROTC. The funds for the purpose shall be
carried in the annual appropriations of the AFP. The Chief of Staff, AFP shall promulgate the guidelines
for the implementation of this provision.

ARTICLE VIII INCORPORATION INTO THE RESERVE FORCE

Sec. 44. Elected Officials and Presidential Appointees. – Elected officials and presidential appointees
may be commissioned into the Reserve Force subject to the existing AFP rules and regulations.

Sec. 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 and 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 reservist 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 their successful completion
of advance ROTC.
Sec. 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 ands 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 to 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, experience or qualifications of the applicants.

Sec. 47. Notification of Reserve Assignment. – The reservist shall be notified in writing of his
assignment to reserve unit and a mobilization center. He shall be made to acknowledge receipt in writing
of such notification.

ARTICLE XIITRANSITORY PROVISIONS

Sec. 67. Retention of ROTC Units in Colleges and Universities. – ROTC units in colleges and
universities shall continue with ROTC training in accordance with this Act.

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

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

Section 1. Short Title - This Act shall be known as the "National Service Training Program (NSTP) Act of
2001".

Section 2. Declaration of Policy - It is hereby affirmed the 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.

Section 3. Definition of Terms - For purposes of this Act, the following are hereby defined as follows:

(a) "National Service Training Program (NSTP)" is a program aimed at enhancing civic consciousness
and defense preparedness in the youth by developing the ethics of service and patriotism while
undergoing training in any of its three (3) program components. Its various components are specially
designed to enhance the youth's active contribution to the general welfare.
(b) "Reserve Officers' Training Corps (ROTC)" is a program institutionalized under Sections 38 and 39 of
Republic Act No. 7077 designed to provide military training to tertiary level students in order to motivate,
train, organize and mobilize them for national defense preparedness.

(c) "Literacy Training Service" is a program designed to train students to become teachers of literacy
and numeracy skills to school children, out of school youth, and other segments of society in need of their
service.

(d) "Civic Welfare Training Service" 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,
especially those devoted to improving health, education, environment, entrepreneurship, safety, recreation
and morals of the citizenry.

(e) "Program component" shall refer to the service components of the NSTP as enumerated in Section 4
of this Act.

Section 4. Establishment of the National Service Training Program. - There is hereby established a
National Service Training Program, which shall form part of the curricula of all baccalaureate degree
courses and of at least two (2)-year technical vocational courses and is a requisite for graduation,
consisting of the following service components:

(1) The Reserve Officers' Training Corps (ROTC), which is hereby made option and voluntary upon the
effectivity of this Act; (2) The Literacy Training Service; and (3) The Civic Welfare Training Service

The ROTC under the NSTP shall instill patriotism, moral virtues, respect for rights of civilians, and
adherence to the Constitution, among others. Citizenship training shall be given emphasis in all three (3)
program components.

The Commission on Higher Education (CHED) and Technical Education and Skills Development
Authority (TESDA), in consultation with the Department of National Defense (DND), Philippine
Association of State Universities and Colleges (PASUC), Coordinating Council of Private Educational
Associations of the Philippines (COCOPEA) and other concerned government agencies, may design and
implement such other program components as may be necessary in consonance with the provisions of this
Act.

Section 5. Coverage - Students, male and female, of any baccalaureate degree course or at least two (2)-
year technical vocational courses in public and private educational institutions shall be required to
complete one (1) of the NSTP components as requisite for graduation.

Section 6. Duration and Equivalent Course Unit - Each of the aforementioned NSTP program components
shall be undertaken for an academic period of two (2) semesters.

In lieu of the two (2) semester program for any of the components of the NSTP, a one (1)-summer
program may be designed, formulated and adopted by the DND, CHED, and TESDA.

Section 7. NSTP Offering in Higher and Technical-Vocational Educational Institutions - All higher and
technical-vocational institutions, public and private, must offer at least one of the program components;
Provided, that State universities and colleges shall offer the ROTC component and at least one other
component as provided herein; Provided, further, that private higher and technical-vocational education
institutions may also offer the ROTC if they have at least three hundred and fifty (350) cadet students.

In offering the NSTP whether during the semestral or summer periods, clustering of affected students
from different educational institutions may be done, taking into account logistics, branch of service and
geographical considerations. Schools that do not meet the required number of students to maintain the
optional ROTC and any of the NSTP components shall allow their students to cross-enroll to other
schools irrespective of whether or not the NSTP components in said schools are being administered by the
same or another branch of service in the Armed Forces of the Philippines (AFP), CHED and TESDA to
which schools are identified.

Section 8. Fees and Incentives - Higher and technical vocational institutions shall not collect any fee for
any of the NSTP components except basic tuition fees, which shall not be more than fifty percent (50%)
of what is currently charged by schools per unit.In the case of ROTC, the DND shall formulate and adopt
a program of assistance and/or incentive to those students who will take the said component.The school
authorities concerned, CHED and TESDA shall ensure that group insurance for health and accident shall
be provided for students enrolled in any of the NSTP components.

Section 9. Scholarships - There is hereby created a Special Scholarship Program for qualified students
taking the NSTP which shall be administered by the CHED and TESDA. Funds for this purpose shall be
included in the annual regular appropriations of the CHED and TESDA.

Section 10. Management of the NSTP Components - The school authorities shall exercise academic and
administrative supervision over the design, forumulation, adoption and implementation of the different
NSTP components in their respective schools; Provided, That in case a CHED- or TESDA-accredited non
government organization (NGO) has been contracted to formulate and administer a training module for
any of the NSTP components, such academic and administrative supervision shall be exercised jointly
with that accredited NGO; Provided, further, That such training module shall be accredited by the CHED
and TESDA.

The CHED and TESDA regional offices shall oversee and monitor the implementation of the NSTP under
their jurisdiction to determine if the trainings are being conducted in consonance with the objectives of
this Act. Periodic reports shall be submitted to the CHED, TESDA and DND in this regard.

Section 11. Creation of the National Service Reserve Corps - There is hereby created a National Service
Reserve Corps, to be composed of the graduates of the non-ROTC components. Members of this Corps
may be tapped by the State for literacy and civic welfare activities through the joint effort of the DND,
CHED and TESDA.

Graduates of the ROTC shall form part of the Citizens' Armed Force, pursuant to Republic Act No. 7077.

Section 12. Implementing Rules. - The DND, CHED and TESDA shall have the joint responsibility for
the adoption of the implementing rules of this Act within sixty (60) days from the approval of this
Act.These three (3) agencies shall consult with other concerned government agencies, the PASUC and
COCOPEA, NGOs and recognized student organizations in drafting the implementing rules.
Section 13. Transitory Provisions - Students who have yet to complete the Basic ROTC, except those
falling under Section 14 of this Act, may either continue in the program component they are currently
enrolled or shift to any of the other program components of their choice; Provided, That in case he shifts
to another program component, the Basic ROTC course he has completed shall be counted for the
purpose of completing the NSTP requirement; Provided, further, That once he has shifted to another
program component, he shall complete the NSTP in component.

Section 14. Suspension of ROTC Requirement - The completion of ROTC training as a requisite for
graduation is hereby set aside for those students who despite completing all their academic units as of the
effectivity of this Act have not been allowed to graduate.

Section 15. Separability Clause - If any section or provision of this Act shall be declared unconstitutional
or invalid, the other sections or provisions not affected thereby shall remain in full force and effect.

Section 16. Amendatory Clause - Section 35 of Commonwealth Act No. 1, Executive Order No.207 of
1939, Sections 2 and 3 of Presidential Decree No. 1706, and Sections 38 and 39 or Republic Act No.
7077, as well as all laws, decrees, orders, rules and regulations and other issuances inconsistent with the
provisions of this Act are hereby deemed amended and modified accordingly.

Section 17. Effectivity - This Act shall take effect fifteen (15) days after its publication in two (2)
newspapers of national circulation, but the implementation of this Act shall commence in the school year
of 2002-2003.

Approved,

FRANKLIN M. DRILON

President of the Senate

JOSE DE VENECIA, JR.

Speaker of the House of Representatives

This Act which is a consolidation of H.B. No. 3593 and S.B. No. 1824 was finally passed by the House of
Representatives and the Senate on December 19, 2001.

GLORIA MACAPAGAL-ARROYO

President of the Philippines

The Lawphil Project - Arellano Law Foundation