Dnd Transformation Act

Senaic 6 eiftee of the Accictarg TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 26 FEB 10 A10:21 SENATE RECEIVED BY: S. No. 1816 Introduced by Senator Loren Legarda AN ACT PROVIDING FOR INSTITUTIONAL, STRUCTURAL, AND SYSTEMIC DEFENSE REFORMS AND FOR OTHER PURPOSES EXPLANATORY NOTE A country's defense architecture and its development are intrinsically linked. A country that lives under the shadow of constant threat and uncertainty, cannot find its way to development. For decades, the country's defense establishment, which is tasked with the all- important duty of steering the national efforts and policies to uphold the country's sovereignty, territorial integrity, and national interests, has been operating on the basis of laws that can no longer effectively address the diverse security challenges, not just of today, but in the years ahead. Some of these laws were adopted long before the time of a great number of our legislators today - Commonwealth Act No. 1 was adopted on December 21, 1935, while Commonwealth Act No. 430 was adopted on May 31, 1939. In 1987, the Administrative Code was adopted, incorporating, in less than a page, five provisions that defined the structure of the DND Proper. As such, the support that the DND receives today is practically defined by the threats and conditions that these laws sought to address many decades ago. We can do better than this. These laws are no longer aligned with the security requirements of today. There is therefore a pressing need to provide the DND with the policy direction and the wherewithal for effecting transformative, sustainable, and responsive change.

This proposed bill, when passed into law, will serve as the country's commitment to its defense establishment and to the people that make sure our country remains safe from various security threats - in different forms - that exist today. It is time to also direct our attention to defense development and transformation. •LOREN LEGARDA

Senatt Office of the greatarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session FEB 10 A10 :21 SENATE RECEIVED BY: S. No. 1816 Introduced by Senator Loren Legarda AN ACT PROVIDING FOR INSTITUTIONAL, STRUCTURAL, AND SYSTEMIC DEFENSE REFORMS AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: ARTICLE I Statement of Policy

Sec. 1. Short Title. - This Act shall be known as the DND Transformation Act.

Sec. 2. Declaration of National Defense Policy. -- The national defense policies

of the Republic of the Philippines shall be as follows: (a) To foster a safe and stable environment for national development and promoting the well-being and safety of the Filipino people in a proactive and sustainable manner; (b) To maintain a defense establishment capable of upholding Philippine sovereignty, territorial integrity, national interests, and the right to self-determination; (c) The civilian authority shall at all times be supreme over the military. The President of the Philippines, as the Commander-in-Chief of all military forces, shall be responsible for ensuring that mobilization measures are available and ready at all times;

(d) The mobilization plans of financial, industrial, economic, technological and social resources of the Philippines shall conform to the provisions of the Constitution and shall be prepared by the executive departments concerned in accordance with the following general policies: (1) The respective responsibilities of the several executive departments in mobilization planning will be prescribed by the President; (2) Forces and resources shall be employed so as to ensure unity and continuity of effort until normalcy has been attained; and (e) No profit incident to war shall accrue to any individual, corporation, association or partnership. ARTICLE II Objectives of the Act

Sec. 3. Objectives of the Act. -- It is the objective of this Act to establish, with

urgency, a defense architecture and organization that is adaptable, flexible, and sustainable toward ensuring a capable, adequately trained, and equipped defense workforce that is ready for traditional and non-traditional threats. To realize these objectives, institutional, structural, and systemic defense reforms shall be implemented as part of the Department of National Defense's transformation into a future-ready, agile, and adaptive defense organization that leverages defense technologies and forward-looking planning efforts and strategies that will enable it to predict, assess, and effectively respond to all forms of challenges.

Sec. 4. Definition of Terms. - The following terms, as used in this Act, are

hereby defined as follows: (a) Department of National Defense - refers to the Department of National Defense Proper, including its attached bureaus and offices;

(b) Defense Infrastructure - refers to capacitating the defense system that is made up of tangible (e.g. physical facilities, equipment, human resources), and intangible (e.g. policies, processes) components to enhance and sustain multi-domain defense capabilities; (c) Defense Real Properties - refers to lands, buildings, and improvements and fixtures to land, of all kinds, which are owned, operated, or used by the DND for defense and security, and other legal and authorized purposes necessary for the accomplishment of the Department's mandate; (d) DND Proper - refers to offices under the direct control and supervision of the Office of the Secretary of National Defense; (e) Global Knowledge Networks - refers to a system of interconnected individuals, organizations, and institutions across the world that share, develop, and disseminate knowledge and information. (f) Secretary - refers to the Secretary of National Defense. (g) Core Defense - refers to the totality of activities, programs, projects, and expenditures undertaken by the DND Proper, its bureaus, and attached agencies that are directly and primarily intended to organize train, equip, sustain, and employ the Armed Forces of the Philippines in addressing national security concerns and interests as may be determined by the Secretary of National Defense. ARTICLE III The DND Proper: Organization, Mandate, Powers and Functions

Sec. 5. The DND Proper. -- The DNP Proper shall be headed by the Secretary

of National Defense and shall be made up of executive and administrative offices through which the authority of the Secretary shall be exercised. It shall be constituted by qualified personnel with experiences and expertise that are necessary to achieve the objectives of this Act.

Sec. 6. The Secretary of National Defense. - The Secretary shall be appointed

2 by the President, subject to confirmation by the Commission on Appointments.

Sec. 7. Powers and Functions of the Secretary of National Defense. - The

Secretary shall have the primary responsibility of ensuring the delivery of the DND's mandate and the exercise of its powers and functions. The Secretary shall exercise supervision and control over the DND. For such purposes, the Secretary shall have the following powers and functions: (a) Advise the President on all matters of national defense, including policies, and the promulgation of executive and administrative orders, and on the formulation of necessary legislative proposals on matters pertaining to national defense and security; (b) Provide executive direction and exercise supervision and control over the Department, including its attached bureaus, offices, and services; (c) Establish policies and standards for the efficient and effective operation of the DND, consistent with the programs of the government; (d) Monitor and evaluate policies, plans, programs, projects, performance, and accomplishments of the Department; (e) Make available to the public, subject to operational security requirements, its assessments of Defense programs; (f) Appoint all officers and employees of the DND and its attached bureaus, except those whose appointments are vested in the President or other appointing authority; (g) Grant appropriate allowances and incentives to officials and employees to guarantee a competitive salary structure in accordance with existing laws, rules, and regulations, and to propose modifications thereto for approval by the President; (h) Exercise disciplinary powers over officers and employees of the DND Proper, including their investigation and the designation of

committee or officer to conduct such investigation, and establish security criteria for the same; (i) Issue orders, directives, rules, regulations, and other issuances to carry out plans, policies, programs, or projects pursuant to the provisions of this Act; (i) Classify documents and materials of the DND under such rules and regulations as the Secretary of Defense may prescribe, and authorize access to sensitive and classified documents based on protocols and guidelines that will be adopted; (k) In times of national emergency, natural hazards or other related disasters, the Secretary shall have the authority to mobilize and/or call reservists to active duty; (I) Perform such other functions as may be provided by law or assigned by the President.

Sec. 8. National Defense Executives and Offices. - The Secretary shall be

assisted by at least six (6) Undersecretaries, and at least eight (8) Assistant Secretaries. All of these executive officials shall be appointed by the President upon the recommendation of the Secretary. The Secretary shall have the flexibility to determine the assignments of the Undersecretaries and Assistant Secretaries, depending on the DND Proper's strategic direction on emerging threats and opportunities affecting the country's national security. No person shall be appointed as Undersecretary, Assistant Secretary, Director, Assistant Director, or any third-level position in the DND unless the appointee is a citizen and resident of the Philippines, of good moral character, of proven integrity, and highly qualified for the position by reason of background and relevant experience.

Sec. 9. Mandate of the DND Proper. - The DND Proper shall have the mandate

of providing strategic policy advice and direction; implementing strategic planning, and capability assessment; conducting strategic operational and financial planning and management, and resource acquisition; developing the capability of its attached

bureaus, services, and offices; and ensuring sound resource management, including controls. Its specific mandate includes the following: (a) Assess the security environment and capability-building defense requirements; (b) Identify enabling solutions and craft defense strategies, plans, and policies; (c) Develop and maintain an adaptive defense infrastructure that capacitates the defense establishment to understand and leverage the complexities of the security environment in enhancing its capabilities; (d) Provide and manage defense resources and services; (e) Continue to improve logistics capacity and implement effective management controls; (f) Enforce security protocols and guidelines over access to all defense facilities, physical and digital documents, information and data storage and sharing platforms, among other assets; (g) Strengthen stakeholder relations for defense priorities; and (h) Continuously monitor and evaluate the efficiency, effectiveness, and integrity of the programs and operations of the DND.

Sec. 10. Powers and Functions of the DND Proper. - The powers and

functions of the DND shall include the following: (a) Formulate national defense strategies, plans, policies, and programs, including a rational, functional, and sustainable mobilization plan for the deployment of the country's citizens and resources for national defense; (b) Establish and institutionalize an integrated and holistic planning and decision-making framework that will incorporate mutually supporting systems and sub-systems, including strategic planning, capability assessment and planning, defense acquisition, and resource planning and management, including a system for security environment assessment, Research and Development (R&D) and

Innovation, and stakeholder partnerships and engagements for purposes of enabling a streamlined decision making process that will enable the Secretary of National Defense and the senior officers of the DND Proper to make timely and integrated resource allocation and defense program decisions; (c) Formulate, establish, implement, and supervise a defense management system, including processes, that will allow for timely and strategic guidance and support to defense planning, administration, capacity development, and resource mobilization and management; (d) Enter into and execute contracts of every class, kind, and description which are necessary or incidental to the performance of its mandate as provided herein, with any person, firm or corporation, public or private, and with foreign government entities, subject to the requirements of national security, existing laws, rules and regulations. In accordance with its mandate to safeguard the state against present and emerging threats to national defense and security, the DND Proper shall be vested with the authority to inquire into and prescribe the submission of all material information pertinent to each transaction. (e) Develop, enhance, and sustain multidimensional defense cooperation and engagements with the defense establishments and armed forces of other countries, and other regional and international organizations, as well as with global knowledge networks and defense industries in accordance with sustainable development, national security goals, and existing laws, rules, and regulations; (f) Develop a self-reliant and agile defense force, including entering into partnerships with foreign entities that is capable of identifying strategic vulnerabilities, addressing current and potential threats, and mitigating risks across the domains of war through developing

adaptive and sustainable defense infrastructure, subject to existing laws, rules and regulations; (g) Oversee the administration of a comprehensive national civil defense and disaster risk reduction and management program in collaboration with national government agencies, Local Government Units (LGUS), foreign defense establishments and armed forces, as well as intergovernmental and international humanitarian organizations; (h) Exercise supervision and control over the AFP and attached bureaus through the formulation, implementation, and monitoring and evaluation of national defense policies, strategies, plans, and programs; (i) Develop the capacities and capabilities of the AFP and attached bureaus to effectively and efficiently address mission requirements; G) Develop a workforce professionalism program, in accordance with

Sec. 14 of this Act, that will effectively respond to various

institutional and defense imperatives. In this regard, highly technical and high-level positions that are exempt from the salary standardization law, shall be created to fill the requirements of DND Proper's Workforce Professionalism program, subject to the approval of the President of the Philippines; (k) Institutionalize a Cyber Workforce within the DND Proper, whose personnel shall be appointed by the Secretary of National Defense. It shall be responsible for the DND's cyber information technology, cybersecurity, cyber effects, and cyber intelligence. In view hereof, the needed agility and flexibilities for the recruitment, retention, and development of highly competent cyber professionals is hereby granted the Secretary of National Defense. As such appointments to these positions shall not be covered by the attestation requirements of the Civil Service Commission, but the latter will be notified of the appointments made within one month

from the issuance thereof. The Secretary is likewise authorized to terminate the services of appointees to these positions, subject to the rules and regulations that will be adopted for this purpose; (l) Perform such other defense-related functions as may be provided by law or directed by the President of the Philippines.

Sec. 11. Organizational Structure of the DND Proper. - There shall be sixteen

7 (16) services in the DND Proper who shall each be headed by a Director, and assisted 8 by an Assistant Director. The Secretary shall recommend to the President, through the Department of 10 Budget and Management, organizational restructuring, as necessary, including the 11 creation of new units, offices and services, and corresponding permanent plantilla positions. There shall also be a Cyber Workforce within the DND Proper, whose personnel shall be appointed by the Secretary of National Defense, subject to the provisions of 15 this Act. Members of the armed forces, in the active service, may be assigned or detailed 17 for duty in the DND Proper; PROVIDED, that they shall not be appointed or designated in any capacity to a civilian position. The service of those assigned or detailed for duty in the DND Proper shall be given appropriate weight and/or credit for their career development. The DND Proper shall also ensure to provide appropriate learning and development interventions to those assigned or detailed as may be deemed necessary by the Secretary.

Sec. 12. Agencies under the DND Proper. - The following agencies shall be

subject to the control and supervision of the Secretary, pursuant to existing laws and regulations: (a) Government Arsenal (GA); (b) Philippine Veterans Affairs Office (PAVAO); (c) Office of Civil Defense (OCD); (d) Veterans Memorial Medical Center (VMMC); (e) Armed Forces of the Philippines; (f) Veterans Federation of the Philippines.

ARTICLE IV Continuing Workforce Professional Development

Sec. 13. Corps of National Defense Specialists. - The DND Proper's personnel,

from supervising specialists to senior officials of the DND Proper, who are appointed to positions from Salary Grade (SG) 18 to 30 shall constitute its Corps of National 6 Defense Specialists. The DND shall provide the appropriate learning and development (L&D) interventions to mold them into well-rounded defense professionals and ensure their 9 responsiveness to current, emerging, and future requirements of the defense 10 establishment. The L&D interventions shall include an immersion program to strengthen the Corps of National Defense Specialists' conceptual and practical understanding of defense management and innovation. The Corps shall be familiarized with the various aspects of the DND's operations through functional rotation among the DND Proper's offices and attached bureaus and relevant government agencies with the goal of harnessing their leadership skills at various operational and administrative levels. L&D interventions shall receive full support from the national government to enable the country's defense specialists to effectively respond to operational needs, adapt to strategic and technological developments, and promote the development of critical and analytical thinking.

Sec. 14. Continuing Workforce Professional Development Program.- The state

shall maintain a professional and highly capable defense corps, and as such, a Continuing Workforce Professional Development Program shall be institutionalized and implemented for all personnel of the DND Proper and its attached agencies. The DND Proper shall conduct a comprehensive review of its structure, personnel recruitment program, compensation, sustainment efforts, and transition plans. It shall undertake a comprehensive review of its Organizational Structure and Staffing Pattern (OSSP) with the purpose of professionalizing, providing career path, and implementing a competency-based system of human resource development.

Within six (6) months from the effectivity of this Act, the DND Proper shall 2 submit its findings and recommendations for organizational reforms, re-structuring, modernization, and strengthening of the DND Proper and its attached agencies to the President, through the Department of Budget and Management, with the view to 5 ensuring the agencies' workforce transformation into fully-trained and adequately 6 resourced assets that are ready to respond to the rapidly changing security 7 environment. Further, the DND Proper shall conduct a continuing scoping of the 9 competencies of its workforce and assess education and training needs that require 10 interventions. Security cooperation programs with training and education components shall be pursued, and opportunities shall be made available to all qualified personnel. For this purpose, officials and employees of the DND and its attached bureaus may avail of opportunities for local or foreign scholarships and other training and research grants, including participation in seminars, conventions, and conferences, to enhance and upgrade their professional and technical knowledge, skills, and competencies. The Secretary shall ensure that such participation in training and education programs shall result to quantifiable benefits for the organization and the workforce. The DND may enter into arrangements with leading learning institutions for the conduct of such education, training, and research programs, as may be deemed necessary, to keep it abreast with current and emerging trends on defense and security. This shall also include the sending or exchange of subject matter experts (SMEs) to other government agencies, foreign governments and/or institutions to enhance the learning of the DND personnel through a more practical, real-world approach.

Sec. 15. Research and Development (R&D) and Innovation. - The DND, in

improving the defense innovation ecosystem, shall be authorized to enter into R&D initiatives in collaboration with appropriate government agencies, non-government organizations, and the academe, which shall have the highest national security classification: Provided, That the intellectual property rights of such shall redound to the Republic of the Philippines.

The DND Proper shall identify critical technologies, assets, an processes that 2 may be acquired as part of the transformation process as provided in this Act.

Sec. 16. Funding for Continuing Workforce Professional Development and

R&D. - Annual funding for training and education, including those that are to be covered by arrangements with partner institutions, and R&D programs shall be 6 provided in the General Appropriations Act. Savings of the DNP Proper may also be 7 used for this purpose, subject to existing rules and regulations. The attached agencies of the DND Proper, subject to the Secretary's approval, 9 may also be covered by the authority provided under this Section of this Act. Personnel of the DND and its attached bureaus participating in education, training, and research programs shall be entitled to emoluments and allowances, subject to existing laws, rules, and regulations.

Sec. 17. Incentive Pay. - Employees and officials of the DND Proper who are

exposed to a high level of security risks in the performance of their duties and responsibilities shall receive incentive pay, subject to conditions and requirements as may be determined by the Secretary. For this purpose, the Secretary shall identify specific duties or responsibilities that are to be classified as hazardous or which entail high security risks to the personnel, and for which, official Orders shall be issued to serve as basis for entitlement to the incentive pay authorized herein. Entitlement to this incentive pay by health professionals and other personnel in the attached agencies of the DND Proper may also be availed of, subject to the requirements, as provided herein, the availability of funds, and the approval of the Secretary. Incentive pay shall not be applicable to personnel in purely administrative positions. Funding for this purpose shall be sourced from the savings of the DND Proper, or the attached agency, as the case may be. ARTICLE V Resource Management

Sec. 18. Defense Budget. - The DND Proper shall submit a more rigorously

defined spending program for core defense and security-related investments to meet

1 modern security threats, within six months from the adoption of this Act. Such 2 spending program shall take into consideration the security environment, requirements for major equipment acquisition, R&D, workforce professional 4 development, and capacity building, among others. Funds for this purpose shall be 5 incorporated in the General Appropriations Act.

Sec. 19. Acquisition, Service Infrastructure, and Maintenance Contracts. - In

7 order to provide the needed agility and flexibilities that are vital to ensuring the 8 continuity of defense supply chains, the DND Proper is hereby authorized to enter into 9 executive or partnership agreements involving single-year, long-term, or multi-year 10 contracts, with strategically aligned countries to ensure the continuity of the defense supply chain. Such Agreements shall contain procurement provisions that shall govern the procurement of goods and services by the Philippines under the Agreement. These Defense Agreements and Partnerships shall enable the DND to acquire supply chains, co-develop secure technologies, and support the acquisition, development, maintenance, and disposal of all defense assets: Provided, That the entities to be contracted shall have been duly vetted as technically and financially capable to provide the DND's needs without compromising national security. Common office supplies, equipment, furnishings, and other non-specialized services and requirements purchased by the DND Proper shall continue to be covered 20 by the provisions of Republic Act 12009, otherwise known as the New Government Procurement Act.

Sec. 20. Management and Control of Defense Real Properties. -- The DND

Proper shall administer, operate, manage, control, maintain, and develop defense real properties for strategic basing and shall use, hold, acquire, or lease any private real property, right of way, or easement, which may be proper or necessary for the accomplishment of its mandate as provided in this Act. The power to manage and control defense real properties includes, but shall 29 not be limited to, the following:

a) Prohibit the sale and/or exchange of strategic defense real properties unless 2 otherwise recommended by the Secretary and approved by the President of the Philippines; b) Authorize the lease and/or development of defense real properties, by joint 5 venture or otherwise, through the recommendation of the Secretary and approval of 6 the President of the Philippines; and c) Transfer of non-strategic defense real properties, as recommended by the 8 Secretary, and approved by the President of the Philippines.

Sec. 21. The Special Purpose Trust Fund. - A Special Purpose Trust Fund shall

10 be established, under the authority of the Secretary, into which all income and proceeds from the lease or disposition of defense real properties shall be deposited. This Fund shall be managed by the Government Service Insurance Corporation.

Sec. 22. Purpose of the Fund. -- The said Fund shall be utilized exclusively to

augment the pension payments of AFP personnel. The Fund may not be utilized for any other purpose other than that as provided in this Act. The Fund shall likewise not be commingled with other funds, and shall be disbursed in accordance with existing laws, rules, and regulations. Such amounts as may be required for the stated purpose shall be drawn from the Fund, subject to the approval of Secretary.

Sec. 23. Fund Reportorial Requirements. - The Fund Manager, through the

DND, shall submit a semi-annual report to the DBM, and to the House of Representatives' Committees on Appropriations, and National Defense, and the Senate Committees on Finance, and National Defense.

Sec. 24. Coverage by the Commission on Audit. -- The setting up, use and

disbursement of the Fund shall be subject to review, accounting, and auditing rules and regulations of the Commission on Audit.

Sec 25. Review of Fund Income and Use. -- The Fund shall be subject to an

annual review by Congress.

Sec. 26. Grants and Donations. - The DND Proper may accept donations,

contributions, and grants from various local or foreign sources, for purposes relevant to its mandate and functions, or those of its attached bureaus, offices, and services:

Provided, That acceptance thereof shall be subject to existing laws, rules, and regulations. ARTICLE VI Continuity of Operations and Delivering Responsive Services

Sec. 27. Continuity of Operations Plan. -- The DND Proper shall conduct

continuity of operations planning to ensure the continuous operations of DND Proper and attached agencies' essential functions during an emergency or major events that may cause service disruptions. Such planning shall likewise take into consideration the need for the rapid resumption of full operations after an emergency. For this purpose, an Operations Continuity Plan for the Defense shall be prepared within six (6) months from the adoption of this Act, and shall be updated no later than every three (3) years, or as often as the DND Proper may deem necessary.

Sec. 28. Provision of Resources. -- The DND Proper shall ensure the provision

of resources necessary for organizational productivity, responsive service delivery, and service continuity to include, among others: (a) Modern and responsive work productivity tools and platforms; (b) Automation, integration, and digitalization toward streamlined systems and processes; (c) Development of secure, smart, sustainable, and resilient infrastructure; (d) Establishment of presence in strategic locations to facilitate joint efforts among the DND Proper and its bureaus and ensure service continuity; and (e) Progressive human resource guidelines designed to enhance the adaptability, competitiveness, and well-being of the DND's human resources. The DND Proper shall likewise craft an infrastructure master plan and design considering timeline and appropriate features to ensure a conducive work

environment, in collaboration with the Department of Budget and Management (DBM) 2 and other departments. ARTICLE VII Protection of Classified Information

Sec. 29. Protection of Sensitive Information. - To protect national interests

7 and security, the DND shall strictly observe the highest standards of personnel, document, and information security at all times. The DND Proper shall exercise control 9 over the protection of such sensitive or classified information, including those acquired from foreign sources, from unauthorized access. In view of this, the DND Proper shall: (a) Review and update guidelines and processes in connection with the classification of documents, and the generation, processing, handling and storing of sensitive and classified information, in physical, digital forms, or other forms and formats; (b) Ensure that access to classified or sensitive information shall only be given to those who official duties or functions justify such access; (c) Develop guidelines and protocols to prevent and mitigate the consequences of unauthorized access to sensitive or classified information; To enhance security measures, the DND Proper shall likewise: (a) Develop and implement a protocol and system for the assignment of security clearance to its personnel, and other persons who may require access to sensitive or classified information/data in the performance of their duties or responsibilities, including those of contractors or consultants that may require access to such information or data; (b) Acquire and utilize state-of-the-art security systems and/or technologies in all defense establishments and infrastructure; (c) Develop a registry system for all clearances issued for access to sensitive or classified information or data.

Any violation of the Department's regulations with respect to this provision shall be dealt with administratively without prejudice to criminal prosecution under the provisions of the Revised Penal Code and other relevant Special Penal Laws. ARTICLE VIII Final Provisions

Sec. 30. Funding. - Unless otherwise stated in this Act, the amount necessary

to implement the provisions of this Act shall be included in the annual General 8 Appropriations Act.

Sec. 31. Implementing Rules and Regulations. - Within One Hundred Twenty

10 (120) days from the approval of this Act, the DND Proper, shall prepare and adopt the necessary implementing rules and regulations in order to carry out the provisions of this Act. With respect to Sec. 19 of this Act, the DND Proper and the Secretaries of National Defense, Finance, Budget and Management, Trade and Industry, Foreign Affairs, the Economy, Planning and Development, and in coordination with the Government Procurement Policy Board, shall adopt, within One Hundred Twenty (120) days from the promulgation of this Act, the Joint Rules and Regulations that shall govern the procurement of goods and services as provided in the said Section.

Sec. 32. Separability Clause. - If any provision or part of this Act is declared

unconstitutional or invalid, the remaining parts or provisions not affected shall remain in full force and effect.

Sec. 8. Repealing Clause. - All laws, executive orders, rules and regulations or

parts thereof which are inconsistent with the provisions of this Act are hereby amended or repealed accordingly.

Sec. 9. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in any two (2) newspapers of general circulation. Approved,